Debates of 21 Dec 2020

MR SPEAKER
PRAYERS 10:51 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:51 a.m.
Mr Speaker 10:51 a.m.
Hon Members, correction of the Votes and Proceedings of Friday, 18 th December, 2020.
Mr Speaker 10:51 a.m.
Hon Members, at the Commencement of Public Business -- item listed 4.
Item 4(a) -- Chairman of the Finance Committee.
PAPERS 10:51 a.m.
Mr Speaker 11:01 a.m.
Hon Members, item numbered 4 (b) by the Chairman of the Committee on Roads and Transport?
Mr Ayeh-Paye 11:01 a.m.
Mr Speaker, the Report is not ready yet; it would be ready by the close of the day.
Mr Speaker 11:01 a.m.
Yes, Hon Member? -- [Interruption]
Item numbered 4 (c) by the Chairman of the Committee on Education? -- [Pause] --
Item numbered 4 (d) by the Chairman of the Committee on Health? -- [Interruption] --
Item numbered 4 (e) by the Chairman of the Committee on Defence and the Interior?
Hon Members, we need to work hard on these things so that we shall have something to work on and close. In fact, we were set to start today before 10.00 a.m.
Hon Majority Chief Whip, kindly do some whipping and let us make sure that these Reports are here so that Hon Members would have access to them and then we can conclude business on them.
Mr Moses Anim 11:01 a.m.
Mr Speaker, I thank you. I have taken a cue from you. We would ensure that it is done.
Mr Speaker 11:01 a.m.
Hon Second Deputy Majority Whip, which Motion can we take?
Mr Moses Anim 11:01 a.m.
Mr Speaker, we may move to item numbered 72 on page 56 of the Order Paper, the Insurance Bill, 2020.
Mr Speaker 11:01 a.m.
Hon Members, Consideration Stage --
Item numbered 72, the Insurance Bill, 2020 at the Consideration Stage, by the Chairman of the Committee.
Dr Mark Assibey-Yeboah 11:01 a.m.
Mr Speaker, we are just about to start. In fact, we are now starting and there are no amendments to clauses 1 to 5.
Mr Speaker 11:01 a.m.
Very well.
BILLS -- CONSIDERATION 11:11 a.m.
STAGE 11:11 a.m.
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, I beg to move, clause 6, subclause (1), paragraph (d), line 3, delete “President” and insert “Ghana Bar Association”.
Mr Speaker, the reason being that the lawyer of not less 10 years' standing at the Bar with relevant experience in the Insurance Industry will be nominated by the Ghana Bar Association.
Mr James Klutse Avedzi 11:11 a.m.
Mr Speaker, I am not sure the amendment proposed depicts the proper reference. Clause 6(1) (d) has only two lines but he made reference to line 3.
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, it depends on the size of one's Bill.
Mr Avedzi 11:11 a.m.
Mr Speaker, the Hon Chairman should rather make the reference instead of defending the size of the Bill. What I am referring to, is rather (e) and he is talking about (b) when we do not have any “President” at all in there.
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, the Bill has been amended severally and so, he may have an older version. What is the date of gazette notification? Hon Ahiafor has the recent one and so, the Question can be put on clause 6.
Mr Bernard Ahiafor 11:11 a.m.
Mr Speaker, I support the Hon Chairman's amendment; the cross- reference in the proposed amendment is correct and in line with the current version of the Bill.
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 -- Duties and liabilities of members of the Board
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, I beg to move, clause 8 subclause (2), paragraph (b), line 2, before “member”, delete “that” and insert “the”.
Mr Speaker, the new rendition will read 11:11 a.m.
“To exercise the degree of care and diligence in the performance of the functions of the member”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, I beg to move, clause 8 subclause (2), paragraph (c), line 2, delete “that” and insert “the” and in line 3, before “permitted”, insert “may be”.
Mr Ahiafor 11:11 a.m.
Mr Speaker, I support the amendment.
Question put and amendment agreed to.
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, I beg to move, clause 8 subclause (2), paragraph (e), line 1, delete “that” and insert “the''.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 ordered to stand part of the Bill.
Clause 10 -- Meetings of the Board
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, I beg to move clause 10 subclause (4), line 1, delete “five” and insert “four”.
Mr Speaker, this is to ensure that the quorum for a meeting of the Board is four members of the Board.
Mr Iddrisu 11:11 a.m.
Speaker, I do not see anything wrong with the clause 10 subclause (4). A quorum for a meeting of the Board is five members of the Board. The Hon Chairman should just maintain it as it is in the original Bill.
We do not need to reduce that number; all the same, matters of insurance are critical and we would not just want two or three people to sit and take decisions. So, five of them are all right and reasonable.
Mr Ahiafor 11:11 a.m.
Mr Speaker, it is flowing from clause 6, the governing body appears to be clause 7. That is, seven members; four is adequate for quorum. I am yet to see a law that will indicate that it must be an odd number and that is why there is a provision in this particular law that gives the casting vote to any member who is presiding over the meeting. So, there would not be any problem as long as the chairperson has a casting vote.
Alhaji Muntaka 11:11 a.m.
Mr Speaker, the reason for maintaining the “five” members by the original rendition is that the President's nominees add up to “four” members and this Bill does not anticipate that it is only the nominees of the President who can make and take decisions. That is why they wanted “five” members.
Mr Speaker, if we look at the chairperson, the representative from the Ministry of Finance and the two others to be nominated by the President, the nominees of the President are four in all. That is why the original rendition makes it “five”
Dr Assibey-Yeboah 11:11 a.m.
Mr Speaker, the Hon Minority Chief Whip should advert his mind to paragraph (d) where we effected the amendment that the lawyer will now be nominated by the Ghana Bar Association. That is the amendment we effected earlier.
Mr Speaker, we have a representative from the Ministry of Finance nominated by the Hon Minister, we also have one member from the industry. So, there are three nominations not being done by the President.
Sometimes, it becomes difficult to start a meeting if the quorum is “five” members for a seven member Board.
Alhaji Muntaka 11:11 a.m.
Mr Speaker, I strongly believe that we should maintain “five” members from the original rendition.
Mr Speaker, usually, it is the Ministry of Finance that nominates the Chairperson for the President and the other two will be nominated by the relevant Minister. Hon Dr Anthony Osei will tell you if you ask him.
Ministers do this on behalf of the President and the President only appends his signature.

Mr Speaker, these are matters of insurance and it sometimes hinges on the lives of persons, so let us not give an opportunity for only government appointees to go and sit and take decisions. Let us leave it at the five members.
Mr Chireh 11:21 a.m.
Mr Speaker, the important thing is to keep the five members because that would help the decision making to be easier than the four members. Five is an odd number and it would help and so I would urge us to vote for five.
Dr A. A. Osei 11:21 a.m.
Mr Speaker, the Hon Member has not told us why a four-member Board cannot make a decision but he is insisting on five members. Who says a four-member Board cannot make a decision? A
four-member Board can also make a decision. There is no law anywhere that says that the number should be an odd one. It is not written anywhere.
Mr Speaker, it is a seven-member Board and so it may be difficult to have six or five people in attendance, and that is why we want to make sure that a minimum of four members would be ready all the time. Otherwise they can never make a decision.
Mr Chireh 11:21 a.m.
Mr Speaker, if there are five members, it is easier to have a split where majority would take a decision. Mr Speaker, the Hon Minister says there is no law about the number, but in the laws we have passed so far, we always ensured that it is an odd number. We do not insist on Boards having an even number and the reason is that we want a decision to be made. For instance, if there are seven members then there is a chance that a decision could be made by all seven members, six members against one member, five members against two members and so on.
Mr Ahiafor 11:21 a.m.
Mr Speaker, the membership of the Governing body is seven and that is an odd number. A quorum has always been 50 plus one and so if we are arguing that four
members is an odd number, then my question is that what would happen if six members are present at a meeting? The six members can take a decision and that is why we have said in this particular law that in the event that a vote is equal, the person presiding should also cast a vote.
Mr Speaker, we cannot have a half human being and so if we are using 50 plus one then four is an appropriate number to form a quorum. For me, a quorum of five members out of seven members is too high.
Mr First Deputy Speaker 11:21 a.m.
Therefore Hon Chairman what do we take?
Dr Assibey-Yeboah 11:21 a.m.
Mr Speaker, the argument by Hon Ahiafor is well grounded, but the people of Ghana want us to work together so if they want five --
Mr Speaker 11:21 a.m.
Hon Chairman, formulate a rendition and let us make progress.
Dr Assibey-Yeboah 11:21 a.m.
Mr Speaker, we would go with the five members.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.

Clause 11 -- Resolutions of the Board without a meeting.

Clause 12 ordered to stand part of the Bill.

Clause 13 -- Disclosure of interest.
Mr Kyei-Mensah-Bonsu 11:21 a.m.
Mr Speaker, with regard to clause 13, I think that we have adopted a standard provision for disclosure of interest so I would want to plead that the Hon Chairman would recline to use the standards that we have adopted. The rendition in the Bill is not comprehensive enough.
Mr Iddrisu 11:21 a.m.
Mr Speaker, with your leave and indulgence, I beg to take you to clause 11, and clause 11(1) says that the Board may pass a resolution without holding a meeting. Mr Speaker, before a resolution is passed, there must be a majority decision and so we have to qualify it. It cannot just read that the Board will pass a resolution without holding a meeting. With what number of members?
Mr Speaker, even with the principle of passing a resolution without a meeting, is it the expectation that the Commission would operate
in a Covid-19 environment? Further, it reads: “the Board may pass a resolution without holding a meeting, if (c) the Board at a meeting has all the members of the Board were informed of”. There is something wrong with this construction.
Mr Speaker, to pass a resolution without a meeting, then we have to provide for a majority decision. In any case, the principle of a resolution without a meeting is repugnant to good governance practice. Why would they pass a resolution without a meeting? There must be compelling justification to do this.
For instance, we are in the Covid- 19 era and so we can understand why a resolution would be passed without a meeting. However, to say that an insurance Commission shall pass resolutions without meetingS, then the Hon Chairman would have to convince us to go with him.
Dr Assibey-Yeboah 11:21 a.m.
Mr Speaker, the Board, would have at a meeting resolved that they may pass a resolution without holding a meeting. Paragraph (a) says that, “if the Board at a meeting has resolved that they can pass a resolution without holding a meeting ...'' . Mr Speaker, this is standard language in a lot of these --
Mr Chireh 11:31 p.m.
Mr Speaker, I think the Hon Chairman is right and it is corporate practice, particularly, with financial institutions. For instance, if the Board of a bank is taking a decision would they agree that the decision they are going to make, they would all circulate it and people would endorse it, and it constitutes a decision of the Board? That is a very good way of avoiding unnecessary meetings and rather fall on obvious things they have agreed on.
And in this particular case, the argument is that, they have all agreed that the decision they are going to make would be by resolution and it would not detract from the decision made. This is the practice in many financial institutions, particularly banks.
Mr Speaker 11:31 p.m.
So it is the Board which would have created that particular situation. The Board can give power to even one person to do a particular thing.
Mr Iddrisu 11:31 p.m.
Mr Speaker, the combined effect of what Hon Yieleh Chireh and the Hon Chairman said would mean that even if we adopt clause 11(1), we might have to direct the draftsperson to provide for more clarity. There is more clarity in clause 11(1) (a) which reads:

I am saying that we should open clause 11(1). Paragraph (a) of clause 11(1) should be what should open the preambular in clause 11(1).
Dr Assibey-Yeboah 11:31 p.m.
Mr Speaker, it cannot be because of paragraphs (b) and (c). If you read paragraphs (b) and (c), that cannot change. If we say that the Board at a -- it would affect paragraphs (b) and (c).
Mr Speaker 11:31 p.m.
I would put the Question on the whole of clause 11.
Clause 11 ordered to stand part of the Bill.
Mr Speaker 11:31 p.m.
Clause 12, is there any amendment?
Dr Assibey-Yeboah 11:31 p.m.
Mr Speaker, earlier, the Hon Majority Leader
Mr Speaker 11:31 p.m.
No, please. At this stage, let me go step by step.
Clause 12 ordered to stand part of the Bill.
Clause 13 -- Disclosure of interest
Mr Speaker 11:31 p.m.
Hon Majority Leader, I thought you had an amendment?
Mr Kyei-Mensah-Bonsu 11:31 p.m.
Mr Speaker, I was saying that we have a standard template that we have adopted for clause 13. I was saying that the draftspersons should resort to that to improve on what we have at clause 13. I do not want to go through everything. They know what we have been doing. It is what we adopted. Once we refer to them, they would be able to finish with that.
Dr Assibey-Yeboah 11:31 p.m.
Mr Speaker, then you might direct that clause 13 be re-couched to conform to the template adopted by the House.
Mr Speaker 11:31 p.m.
Consequentially, clause 13 should become the standard application.
What about clauses 14 to 23?
Clause 14 -- Avoidance of transactions to a breach of section
13.
Mr Iddrisu 11:31 p.m.
Mr Speaker, on clause 14, my concern is with clause 14(2) (a). The word “avoided” is not a legal language. If the Hon Chairman wants to say “void” or “voidable” it should be so. However, he cannot say “avoided”. It is ordinary English language.
Mr Speaker 11:31 p.m.
Hon Chairman?
Dr Assibey-Yeboah 11:31 p.m.
Mr Speaker, they both mean the same thing. You can say “voided” and you can say “avoided”. They are the same.
Mr Speaker 11:31 p.m.
Hon Members, it is a matter of preference, essentially, let us proceed. Yes, Hon Member?
Mr Chireh 11:31 p.m.
Mr Speaker, as the Hon Chairman said, you can say “avoided” or “voided”. There is nothing wrong keeping the rendition there as it is.
Mr Iddrisu 11:31 p.m.
Mr Speaker, he alone learnt his modern drafting. So in clause 2(a), we used “may be avoided”, and in “paragraph (b)”, we are saying “it is not voidable”. Does the Hon Chairman mean the same
thing or different things? [Interruption] .The Hon Majority Leader is drawing my attention to “void”. For consistency, what do we do? The Hon Chairman should choose one of those words.
Mr Chireh 11:31 p.m.
Mr Speaker, in my view, once we agree on “may be avoided” or “may be voided”, let us also agree with them, that in this case, because we are using “voidable” they should go back to the earlier one.
Mr Speaker, the point I am making is that, we said, we should use “avoidable” or “we may voided it`` .` Once we agree on that, because of the concern they are raising in paragraph (b), in my view, we should use “voided” in the first place and not “avoid”.
Dr A. A. Osei 11:31 p.m.
Mr Speaker, I would want to agree with my good friend, Hon Yieleh Chireh that we should be consistent. If we would use “avoided”, we can also say “it is not avoidable”. There must be consistency. So we would agree with him and go on.
Mr Speaker 11:31 p.m.
Yes, Hon Member?
Mr Bernard Ahiafor 11:31 p.m.
Mr Speaker, thank you for the opportunity. The legal terminology is “void” and “voidable” and not “avoided”. It is either we are saying the act is void or it is voidable. If it is voidable, it means that it is capable of being made void. So we should use the word “void”.
Mr Banda 11:41 a.m.
Mr Speaker, there is nothing wrong with the word “avoided”. It is being used in a verb form. If it is “void” it is not a verb. However, if we want to use it in a verb form, this is the correct word that we have to use, and it means “to nullify”.
So within the context, avoided here means to nullify, but if we want to depart from the use of a verb, then we can equally say “may be void”. Even in that context, it would be wrong to say “may be void” because we are using the verb form of the word “void”, and it would be wrong to say, “may be void” or “may be voidable”.
So we should maintain what is in the clause, which is “avoided”. There is absolutely nothing wrong with it.
Mr Chireh 11:41 a.m.
Mr Speaker, I agree with him that we should stand by what is in the Bill. This is because we are
Dr Assibey-Yeboah 11:41 a.m.
Mr Speaker, we would leave it as it is and then you put the question on clause 14.
Clause 14 ordered to stand part of the Bill.
Clauses 15 and 16 ordered to stand part of the Bill.
Clause 17 -- Policy directives
Mr Iddrisu 11:41 a.m.
Mr Speaker, policy directives; I have seen new construction which hinges on policy directives on the attainment of the object of the Commission. So,

Thank you, Mr Speaker.

Clause 17 to 23 ordered to stand part of the Bill.

Clause 24 -- Secretary to the Board
Dr Assibey-Yeboah 11:41 a.m.
Mr Speaker, I beg to move, subclause (2), paragraph (d), delete “Member's” and insert “Members'…”
Mr Speaker, it would read 11:41 a.m.
“Keep the register of Board members' interests.”
Question put and amendment agreed to.
Clause 24 as amended ordered to stand part of the Bill.
Clause 25 ordered to stand part of the Bill.
Clause 26 -- Publication of appointment and revocation of appointment
Dr Assibey-Yeboah 11:41 a.m.
Mr Speaker, I beg to move, paragraph (b), delete “nationwide” and insert “national”.
Mr Speaker, the new rendition would read 11:41 a.m.
“In the daily newspaper of national circulation.”
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 11:41 a.m.
Mr Speaker, I agree with the amendment to clause 26. I wanted to raise a minor issue in clause 24(3). But let us conclude clause 26 and come back to clause 24(3).
Clause 26 as amended ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 11:41 a.m.
Mr Speaker, I was just saying that there is a minor re-arrangement being proposed for clause 24(3). It should read as follows:
“The Secretary, in the performance of the functions under subsection (2), is answerable to the Board.”
Mr Speaker, it is just a re- arrangement.
Dr Assibey-Yeboah 11:41 a.m.
Mr Speaker, you could direct that the draftspersons re-arrange clause 24(3) as moved by the Hon Majority Leader.
Mr Speaker 11:41 a.m.
The draftspersons should do the re-arrangement accordingly.
Clause 27 ordered to stand part of the Bill.
Clause 28 -- Funds of the Commission.
Mr Iddrisu 11:41 a.m.
Mr Speaker, maybe there should be a re-arrangement of the (a), (b) and (c).
Their first fund should be levies and contributions. If we have “loans, advances and overdrafts”, what is the meaning of “advances” and “overdrafts”?
When we come further into the borrowing powers of the Commission -- I am just using it to support my argument --
“Subject to section 76 of the Public Financial Management Act, the Commission may obtain loans and other credit facilities”.
So, if we want to use other credit facilities, let us say so. When we say, “advances and overdrafts”, is it the same thing as other credit facilities as used in clause 31?
Mr Speaker 11:41 a.m.
Hon Chairman, please, would you respond to clause
28?
Dr Assibey-Yeboah 11:41 a.m.
Mr Speaker, I was drawing his attention to the fact that he should move one step at a time so that we can follow. This is because he first indicated that we should re- arrange “levies and contributions”. There is nothing wrong with the rest -- “donation and grants”. “Advances” is a term of art. The remaining one is “income generated”. Putting “generated” there does not change anything. So we can accommodate him. [Interruptions].
Clause 28 ordered to stand part of the Bill.
Clause 29 -- Bank account of the Commission.
Dr Assibey-Yeboah 11:51 a.m.
Mr Speaker, I beg to move, line 2, delete “Board” and insert “Commission”.
Mr Speaker, therefore, the new rendition would read 11:51 a.m.
“The moneys for the Commission shall be paid into a bank account opened for the purpose by the Commission
with the approval of the Controller and Accountant General.”
Question put and amendment agreed to.
Clause 29 as amended ordered to stand part of the Bill.
Clause 30 -- Expenses of the Commission.
Mr Iddrisu 11:51 a.m.
Mr Speaker, I would need an explanation from the Hon Chairman on clause 30. Are we presuming that the expenses of the Commission would only be administrative expenses, and that there are no other expenses or operational expenses? This is because it reads:
“The administrative expenses of the Commission shall be charged on the funds of the Commission.”
What of other operational expenses of the Commission? Unless we are presuming irrebuttably that all expenses of the Commission would be administrative. The Hon Chairman could as well qualify it with the phrase “other expenses”.
Mr Speaker 11:51 a.m.
Hon Minority Leader, would you want us to put it as “all expenses”, or “administrative and other expenses”? Please, it should be captured omnibus, so that we could move on.
Mr Chireh 11:51 a.m.
Mr Speaker, the reason we normally would restrict them to administrative expenses is because they are the people to regulate. If we look at their sources of income, they would get a lot of them from different sources. So, if we do not restrict them to the administrative expenses, then they would decide to award themselves bonuses and expenditure that would not help in their regulatory work.
So, that is why it should be administrative, and they know it. If we allow it to go into their emoluments and all that, then of course, they could use the moneys for anything and not for the regulation. That is the main reason it should be restricted.
Mr Agbodza 11:51 a.m.
Mr Speaker, we normally just use the word “administrative” because though they may be independent in this sense, there may be all other expenses that they would need to make, for instance build their offices and other things.
Normally, we use the word “expenses”, so, we do not qualify it with the use of the word “administrative” because there may be all other expenses that they may make. Therefore, what would happen if one would want to do capital investment?
Is there a separate clause to capture that? My view is that we delete the word “administrative” and just leave it as “expenses”.
Mr Kyei-Mensah-Bonsu 11:51 a.m.
Mr Speaker, I believe that what is here is sufficient. We are talking about administrative expenses, which may not include capital expenditure. They have these other sources of funding; donations, grants, Internally Generated Funds (IGF) and so on. They could use same for other purposes, but when we talk about administrative expenses, we mean just that, and that would be charged on the funds of the Commission. However, with the use of the phrase “other capital expenditure” and so on, we should be careful.
Mr Speaker, my worry is on what we really mean by the use of the phrase “administrative expenses”. This is because they are operational expenses, or would we include salaries for instance as administrative expenses? This is because the Constitution is clear when it talks about administrative expenses. Usually, it includes salaries, allowances, gratuities and so on. Therefore, my worry is on what we mean by administrative expenses in the context. Otherwise, it is a standard formulation.
Dr Assibey-Yeboah 11:51 a.m.
Mr Speaker, I think that you could put the Question on clauses 30 and 31.
Clauses 30 and 31 ordered to stand part of the Bill.
Clause 32 -- Levies and contributions payable to Commission.
Dr Assibey-Yeboah 11:51 a.m.
Mr Speaker, I beg to move, subclause (2), delete and insert the following:
“The Commission shall, in consultation with the insurance industry trade bodies, determine the amount of levies and contributions payable by a licensee in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983).”
Question put and amendment agreed to.
Clause 32 as amended ordered to stand part of the Bill.
Clause 33 is ordered to stand part of the Bill.
Clause 34 -- Accounts and audit.
Dr Assibey-Yeboah 11:51 a.m.
Mr Speaker, I beg to move, subclause (1), line 3, delete “Auditor-General; and” and insert “Auditor-General.”
Question put and amendment agreed to.
Clause 34 as amended ordered to stand part of the Bill.
Clauses 35 and 36 ordered to stand part of the Bill.
Dr Assibey-Yeboah 11:51 a.m.
Mr Speaker, respectfully, we may go back to clause
34.
Mr Speaker, I beg to move, in clause 34 (2), line 2, we delete the word “after” and insert “at”, so that it would read:
“…They shall submit the accounts of the Commission to the Auditor General for audit within three months at end -- [Interruption] --[Pause] --
Mr Speaker, I was misled, so we should leave clause 34 as it is.
Mr Speaker 12:01 p.m.
Hon Chairman, let us be progressive in this matter -- [Pause] -- Hon Chairman, where are we?
Dr Assibey-Yeboah 12:01 p.m.
Mr Speaker, you are to put the Question on clause 37 -- I have to move the amendment.
Mr Speaker, I beg to move, clause 37, subclause (1), paragraph (a), subparagraph (ii), line 1, delete “agreement” and insert “contract”.
Mr Speaker, in the definition section, we have defined in retro- section “contract” so; we want this to conform to the definition.
Question put and amendment agreed to.
Clause 37 as amended, ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 12:01 p.m.
Mr Speaker, sorry to send us back to clause 34(2). Again, we have come to a determination on this and we do not need to be repeating the mistakes that we have been committing. It should just read as follows:
“The Commission shall, at the end of each financial year, submit the accounts of the Commission to the Auditor-General for audit”.
That is the standard construction that we have adopted. The “within three months” should be deleted.
Dr A. A. Osei 12:01 p.m.
We said “at”; then, it means that we are asking them to wait till the end. Nothing stops them from doing it “within three months” if we just specify it as “at the end” then, they would have to wait till the end. The change that the Hon
Majority Leader brought says “The Commission at the end…” -- [Pause] --
Mr Kyei-Mensah-Bonsu 12:01 p.m.
Mr Speaker, it should just read because the Constitution is clear on this and we have adopted a standard rendition that this should be done at the end of the year. We do not have to give the person or anybody three months after the end of the year which then would mean consuming January, February and March. If we have three months given to that body, it derogates from the period given under the Constitution to the Auditor-General to do the report which is wrong.
Mr Speaker, that is the standard rendition that we have adopted. At the end of the year, they submit -- administratively, they have a way of dealing with it. -- [Pause] --
Mr Iddrisu 12:01 p.m.
Mr Speaker, what the Hon Majority Leader is just drawing our attention to is the detailed provisions of timelines within article 187 of the Constitution so; he is not out of the way to make those suggestions.
The Constitution provides when these public institutions should submit a report with a detailed account, and as to when these reports and accounts
Dr Assibey-Yeboah 12:01 p.m.
Mr Speaker, the Hon Majority Leader says that clause 37(2) should conform to the standard rendition that we have always used so; you can direct --
Question put and amendment agreed to.
Clause 34 as further amended, ordered to stand part of the Bill.
Clause 38 -- Restricted insurance contracts.
Mr Iddrisu 12:01 p.m.
Mr Speaker, with your leave and indulgence, the headnote “restricted insurance contract”, but if we read clause 38(1) in the second line, it is only in respect of foreign insurer.
“A person shall not enter into a restricted insurance contract with a foreign insurer unless the contract is authorised by the Commission”.
Clause 38 ordered to stand part of the Bill.
Clause 39 -- Authorisation in relation to restricted and specified types of insurance contracts.
Dr Assibey-Yeboah 12:01 p.m.
Mr Speaker, I beg to move, clause 39, Headnote, delete “contract” and insert “contracts”.
Question put and amendment agreed to.
Clause 39 as amended, ordered to stand part of the Bill.
Clause 40 -- Categories of a license.
Dr Assibey-Yeboah 12:01 p.m.
Mr Speaker, I beg to move, clause 40, subclause (1), paragraph (b), delete “and” and insert “or”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 12:01 p.m.
Mr Speaker, respectfully, Hon Mahama Ayariga conferred with me earlier; he has an amendment on clause 40 so; if we could create space for him to move his amendment?
Mr Speaker 12:01 p.m.
Hon Ayariga, your further amendment?
Mr Mahama Ayariga 12:11 p.m.
Mr Speaker, with your indulgence and the House, if you would kindly permit? I would like to add another category of license which is subclause (d); Upstream oil and gas insurance license.
Mr Speaker, the addition of this category is based on the fact that the oil and gas sector is a new sector and the insurance of that sector is something which requires huge investment. And so far, what has happened is that it has often been fanned out to international insurance companies and the local industry really ends up not benefiting much.
So, the smaller local insurance firms came together and formed a group called Ghana Oil and Gas Insurance Pool (GOGIP). This is a pool of small insurance firms that would normally take the insurance, break it up into smaller bits and share among themselves to provide insurance for the big oil companies.
To pursue this effectively, we need a special category of insurance licencing, so that in collaboration with the Petroleum Commission, the National Insurance Commission can licence people based on their capacity to do upstream insurance licencing.
That is why I discussed with the Hon Chairman, that we introduce this special licencing scheme, focusing on this new subsector, which is the oil and gas subsector in the insurance industry.
Mr Speaker, I urge Hon Colleagues to support this for us to amend clause 40 (1), to add paragraph (d) which would read:
“(d) Upstream oil and gas insurance licence”.
Dr A. A. Osei 12:11 p.m.
Mr Speaker, I think that the principle is in order, but in this insurance business, paragraphs (a), (b) and (c) do not limit you to a particular insurance such as life insurance, car insurance or any other insurance. So, as it is, oil and gas is included. Insurance licence in Ghana does not specify the type of insurance it should be, so the addition does not change anything. We are already covered, so we do not need the addition in there.
Mr Ayariga 12:11 p.m.
Mr Speaker, if we look at clause 40 (1) (c), it talks about innovative insurance licence. Now, innovative insurance licence can mean so many things but because of the special --
Mr Speaker 12:11 p.m.
Hon Member, I heard it being said that it is defined that under this law, it means so and so.
Mr Ayariga 12:11 p.m.
Yes, Mr Speaker, innovative insurance business means an insurance business that uses new financial technology or any other innovative technology or method in insurance business, including the development of an insurance product, use of data, underwriting, pricing of risks and distribution of an insurance product.
We need to be specific about the oil and gas industry. The reason is that the structuring of oil and gas insurance and risk underwriting must be done in consultation and collaboration with the Petroleum Commission. So, when we introduce an amendment which provides a special licencing scheme for oil and gas, subsequently, we need to also indicate clearly that this category of insurance licencing has to be done in collaboration with the Petroleum Commission. This is because the Petroleum Commission is the one that as we speak, seeks to develop local content in the oil and gas industry.
Local content cuts across different sectors and local content could be in terms of engineering works, food chain supplies et cetera. Now, Insurance is one of the areas where local content needs to be developed, so if we make it general and it is left to just the Insurance Commission and
is not a special type of licence issued in collaboration with the Petroleum Commission, we would lose out on this opportunity.
In Nigeria for instance, where they are also developing their oil and gas industry, they have specific provisions on oil and gas insurance licencing, done in collaboration with their Petroleum Commission. So, the Petroleum Commission and the Insurance Commission can work out a programme to develop capacity in the insurance subject to oil and gas.
If we leave it in the general sense as it is now in the definition of “innovative insurance”, when in this instance, we have in mind exactly what we want to deal with, at this stage, we can capture it as oil and gas insurance licencing and later say that it is to be issued in collaboration with the Petroleum Commission. That way, I believe that the sector will receive clear guidance instead of us just leaving it in the general sense and saying “innovative insurance licencing”.
Mr Agbodza 12:11 p.m.
Mr Speaker, I get the point my Hon Senior Colleague is making but that is not the way forward. The clause in here on innovative insurance business is enough. In fact, the future is not even
to find innovative ways of insuring hydrocarbons. The future would actually be to insure renewable energy sources.
The problem with underwriting risk in oil and gas is the capacity of the local players to do that. You cannot legislate and say that henceforth, if a risk is US$1 billion, you are legislating in a country that it should be priced at US$500 million. You can not, because the risk is US$1 billion. So, I think that my Hon Senior Colleague should abandon his amendment and I strongly believe the definition of “innovative insurance” and all the things under it are enough to allow this organisation to adapt to any risk that may arise and be able to cover it appropriately if they can underwrite it.
rose
Mr Speaker 12:11 p.m.
Hon Chairman, it has been abandoned, so no further specifications.
Dr Assibey-Yeboah 12:11 p.m.
Mr Speaker, I do not think that the place for this would be here. I do not think this is the place for the oil and gas. --
Mr Speaker 12:11 p.m.
Hon Chairman, we have crossed that line, it has been abandoned.
Dr Assibey-Yeboah 12:11 p.m.
Mr Speaker, I beg to move, clause 42, subclause (2), paragraph (b), subparagraph (i), delete “determined” and insert “required”.
Mr Iddrisu 12:11 p.m.
Mr Speaker, I would like to seek your leave to bring you back to clause 41. I beg to move, clause 41, headnote, insert “of” between “licencing” and “composite insurance” to read, “Prohibition against licensing of composite insurers”.
Everywhere, you would see “application for”, “grant of” but here, we just see “Prohibition against licensing composite insurers”. So, there should be “of” between “licencing” and “composite”.
Mr Speaker 12:11 p.m.
Hon Chairman, should I put the Question on that?
Mr Agbodza 12:11 p.m.
Mr Speaker, it is “Prohibition against licensing composite insurers”, so if you insert “of”, it would not read appropriately. So, we should leave it the way it is.
Mr Speaker 12:11 p.m.
Clause 42?
Dr Assibey-Yeboah 12:21 p.m.
Mr Speaker, I already moved the amendment on clause 42, so you can put the Question on it.
Question put and amendment agreed to.
Clause 42 as amended ordered to stand part of the Bill.
Clause 43 -- Grant of licence
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 43, subclause 3, line 2, delete “it'' and insert “the Commission''.
Question put and amendment agreed to.
Mr Iddrisu 12:21 p.m.
Mr Speaker, with your permission, I beg to propose an amendment to clause 43 (1) (a).
Mr Speaker, I beg to move, clause 43, subclause 1, paragraph (a), line 1, after “requirements'' insert “for licensing under this Act''.
The new rendition would be:
“the applicant has met the requirements for licensing under this Act, …
Question put and amendment agreed to
Clause 43 as amended ordered to stand part of the Bill.
Clauses 44 and 45 ordered to stand part of the Bill.
Clause 46 -- Commencement of business
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 46, subclause 1, line 2, before “business'', insert “insurance'' and repeat same wherever “licensed business'' appears in the Bill, unless the context otherwise determines.
Question put and amendment agreed to.
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 46, subclause 2, line 2, delete “authorised'' and insert “licensed''
Question put and amendment agreed to.
Clause 46 as amended ordered to stand part of the Bill.
Clause 47 ordered to stand part of the Bill.
Clause 48 -- Cancellation of licence
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 48, subclause 1, paragraph (d), line 1, before “enforcement'', insert “an''.
The new rendition would be:
“the Commission is entitled to an enforcement action...''
Question put and amendment agreed to.
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 48, subclause 3, delete and insert the following:
“(3) The Commission shall not cancel an insurance licence or a reinsurance licence under paragraph (d) of the subsection (1) unless the Commission has obtained an order under section 182''.
Question put and amendment agreed to.
Clause 48 as amended ordered to stand part of the Bill.
Clause 49 ordered to stand part of the Bill.
Clause 50 -- Application of renewal
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 50, subclause 3, line 3, delete “it'' and insert “the Commission''.
Question put and amendment agreed to.
Clause 50 as amended ordered to stand part of the Bill.
Clause 51 -- Renewal of licence of insurer or reinsurer.
Dr Assibey-Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 51, subclause 1, opening phrase, lines 1 and 2, after occurrences of “insurer'' insert “or reinsurer''.
Mr Iddrisu 12:21 p.m.
Mr Speaker, the Hon Chairman's explanation is acceptable to improve clause 51 (1) but I beg to propose a further amendment for the addition of “reinsurer'' to line 2.
So, the new rendition would be:
“The Commission shall renew the license of an insurer or reinsurer when the Commission is satisfied that the insurer or reinsurer''.
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, what I proposed was that after the occurrences of “insurer'' insert “or reinsurer'', not just in the first line but wherever “insurer'' --
Question put and amendment agreed to.
Clause 51 as amended ordered to stand part of the Bill.
Clause 52 -- Required approval for change in significant ownership or level of control.
Dr Assibey- Yeboah 12:21 p.m.
Mr Speaker, I beg to move, clause 52, headnote, delete “Required approval'' and insert “Approval''.
The new rendition would be:
“Approval for change…''
Mr Iddrisu 12:21 p.m.
Mr Speaker, I support the Hon Chairman's amendment but “Approval'' should not stand alone. It could be “Requirement for approval''. If there is a significant change in ownership or level of control of the company, there must be a requirement for approval from the Commission giving them information that there is change in ownership and level of control of the
entity. However, the Hon Chairman says he wants to maintain “Approval for change in significant ownership or level of control''.
The “Approval'' affects significant ownership and level of control, so I want to propose that “required'', should be replaced with “requirement'' so that under this law if there are changes in the ownership and it is significant or in the control of the company, they must be required to come -- [Interruption] -- No! requirement for approval for change in significant ownership or level of control.
Dr Assibey-Yeboah 12:21 p.m.
Mr Speaker, yes, I agree. It should be “Requirement for approval''.
Mr Speaker 12:21 p.m.
This would capture both amendments
Dr Assibey- Yeboah 12:31 p.m.
Yes, Mr Speaker.
Question put and amendment agreed to.
Clause 52 as amended ordered to stand part of the Bill.
Clause 53 -- Application for approval of change in control.
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (a), line 1, before “cease”, delete “to” so that it reads, “become or cease to be a significant owner …” and not “become or to cease to”
An Hon Member 12:31 p.m.
What is the new rendition?
Dr Assibey-Yeboah 12:31 p.m.
The new rendition is:
“… licensed insurer or licensed reinsurer concerned on behalf of a person who intends to
(a)become or cease to be a significant owner of the licence …”
There was “to” before the word “cease” and that is what has been taken off.
Question put and amendment agreed to.
Clause 53 as amended ordered to stand part of the Bill.
Clause 54 -- Power to require disposal of interest or prohibit exercise of rights.
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (a), delete and insert the following:
“(a) a person who
(i)becomes a significant owner in; or
(ii)significantly increases the level of control of that person over a licensed insurer or a licensed reinsurer without obtaining the prior written approval of the Commission; or”
Question put and amendment agreed to.
Clause 54 as amended ordered to stand part of the Bill.
Clause 55 ordered to stand part of the Bill.
Clause 56 -- Approval for removal of directors and other key persons.
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I beg to move, subclause (3), paragraph (c), line 1, delete “it” and insert “the Commission”.
Question put and amendment agreed to.
Clause 56 as amended ordered to stand part of the Bill.
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I beg to move, subclause (1), closing phrase, line 3, before “person”, insert “director, senior manager or key” so that the fit and proper assessment by the Commission would relate to director, senior manager or key person of the insurance company.
Mr Iddrisu 12:31 p.m.
Mr Speaker, I support the amendment of the Hon Chairman, but I have a difficulty with the use of the word “suitability”. Are we talking of eligibility or suitability? This is not about a woman one is looking for for marriage that he finds suitable; we are talking of a legal person.
“Where before or after the Commission approves--
(a) the appointment of a director, senior manager or key person in a control function of a licensed insurer or licensed reinsurer, or
(b) a significant owner of a licensed insurer or licensed reinsurer the licensed insurer is aware of any information that is reasonably material to
the fit and proper assessment of the Commission of that person …”
We are defining “fit and proper assessment” so if we can find another word to substitute the word “suitability”?
Mr Speaker, the Hon Chairman should read the headnote of clause 57. Maybe, we can use “eligibility”; it cannot be “suitability”. It is not about somebody going to choose a woman and finding whether she is suitable so, “eligibility” would be a proper rendition.
We are not looking up for suitability in the person becoming a director, a senior manager or a key person, but he meeting the minimum legal requirement to be. I have a difficulty so, if the word “suitability” could be substituted, that would make the rendition better.
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I have no objection.
Question put and amendment agreed to.
Clause 57 as amended ordered to stand part of the Bill.
Clause 58 -- Maintenance of financially sound condition
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (b), line 2, before “reinsurer”, insert “licensed” so that it would be “licensed reinsurer” for consistency.
Question put and amendment agreed to.
Clause 58 as amended ordered to stand part of the Bill.
Clause 59 -- Stated capital
Dr Assibey-Yeboah 12:31 p.m.
Mr Speaker, I beg to move, subclause (1), opening phrase, line 1, delete “and” and insert “or”; wherever the phrase “a licensed insurer and a licensed reinsurer” appears in the Bill, it should read a “a licensed insurer or a licensed reinsurer” unless the context otherwise determines.
Question put and amendment agreed to.
Mr Iddrisu 12:31 p.m.
Mr Speaker, on clause 59, is it not right for this Parliament to set the minimum ceilings of the stated capital? We have just had a banking crisis where we did not know the minimum capital of banks and its associated crisis, so for insurance companies can we not define the relative categories, and make a determination by law on what

Mr Speaker, the relationship between need, policy and legislation is embedded in a country's practical experiences. We have gone through a banking crisis which was predicated on the fact that we did not satisfy the minimum capital requirements of banks. Now, we are setting up a legislation to govern insurance which is also related to financial management and the resources of the country. Why are we not defining the minimum stated capital to begin with?
Mr Speaker 12:41 p.m.
As part of the law
-- 12:41 p.m.
Mr Kwaku A. Kwarteng 12:41 p.m.
Mr Speaker, there ought to be consistency across the management of the public sector. In many sectors, we do have minimum capital requirements. We have it in the banking sector and in many areas, even to some extent, in petroleum.
Mr Bernard Ahiafor 12:41 p.m.
Mr Speaker, if we look at the Bill further, particularly, clause 61, the issue of stated capital is left to the direction of the Commission.
Mr Speaker 12:41 p.m.
All right, the Hon Minority Leader says we could proceed. I will put the Question then.
Question put and amendment agreed to.
Clauses 59 as amended ordered to stand part of the Bill.
Clauses 60 -- 63 ordered to stand part of the Bill.
Clause 64 -- Prudential requirements specified in a directive.
Dr Assibey-Yeboah 12:41 p.m.
Mr Speaker, I beg to move, clause 64, subclause
(3), paragraph (i), subparagraph (ii), line 3, delete “and”.
Question put and amendment agreed to.
Clause 64 as amended ordered to stand part of the Bill.
Clauses 65 -- 67 ordered to stand part of the Bill.
Clauses 68 -- Requirements to make statutory deposits
Dr Assibey-Yeboah 12:41 p.m.
Mr Speaker, I beg to move, clause 68, subclause (2), lines 4 and 5, before bother occurrences of “insurer” insert “licensed” and in line 6, before “reinsurer”, insert “licensed”.
Question put and amendment agreed to.
Clause 68 as amended ordered to stand part of the Bill.
Clauses 69 -- 100
Mr Iddrisu 12:41 p.m.
Mr Speaker, with respect to clause 69, subclause (1), I have a difficulty with the use of the word, “attributable”. It should read, with your permission:
“The deposited assets of a licensed insurer shall be dealt with solely as follows:”
With your leave and indulgence, I will submit that the word, “attributable” be deleted.
I will correct it to read:
“The deposited assets of a licensed insurer or licensed reinsurer shall be dealt with solely as follows:”
This is because of fidelity. If we say assets, it must be the assets of the insurer or reinsurer. What is the meaning of “attributable to”? I have a difficulty accepting that.
Mr Speaker, with your leave, I so submit.
Dr Assibey-Yeboah 12:41 p.m.
Mr Speaker, I would want to draw the Hon Minority Leader's attention that it repeats throughout the clause, so, if we go again to subclause (2), we would see, “the deposited assets attributable to”. So, consequentially, we would amend same.
Question put and amendment agreed to.
Clause 69 as amended ordered to stand part of the Bill.
Clauses 70 -- 100 ordered to stand part of the Bill.
Mr Iddrisu 12:41 p.m.
Mr Speaker, bear with me. It is the speed with which I am reading. I am sorry to draw you back. On clause 69, subclause (5), with your permission I read:
“The Commission may transfer an investment to the statutory manager or a liquidator.”
Mr Speaker, at that point in time, should we be using “shall” or “may”? If we have something where the liquidator comes in, at that point, it is mandatory but we are still using the word, “may”. I am wondering whether it should not be “shall” to read:
“The Commission shall transfer an investment to the statutory manager or a liquidator.”
Mr Speaker 12:41 p.m.
Is it abandoned? -- [Interruption] --
Hon Members, I will put the Question?
Mr Iddrisu 12:41 p.m.
Mr Speaker, clauses 70 -- 100? Should they not be reading it? As they read, per our rules, we would follow through from the Table. The fact that the Committee has no amendment does not mean that any other eyes in this Chamber may not be able to pick an amendment.
Mr Speaker 12:41 p.m.
Of course, it is clear, if there are any amendments, may we have them now?
If there are any amendments, Hon Members who have read would have listed or advertised their proposed amendments. Then we proceed.
Dr Assibey-Yeboah 12:41 p.m.
Mr Speaker, if the Hon Minority Leader has an amendment he may come by way of a Second Consideration.
Mr Speaker 12:41 p.m.
No, we would go forward and backward. So, for the time being, I will put the Question.
Mr Haruna Iddrisu 12:41 p.m.
Mr Speaker, for instance, clause 70, subclause (1), line 1, why is there “30th January” and not “31st January”? When we were children, we recited, “30 days have September, April, June and November…” I see 30th January; why is it not 31st January? -- [Interruption]
Mr Speaker 12:41 p.m.
Very well, so, we would put the Question on clauses 70 -- 100. If there are any amendments as we proceed, we would come back to them.
Mr Kyei-Mensah-Bonsu 12:41 p.m.
Mr Speaker, I thought the issue raised by the Hon Minority Leader is not being adequately addressed.
With your permission, clause 71, subclause (1), says and I quote:
“Subject to subsection (2), the Commission shall, on or before 30th January of each year, authorise payment to a licensed insurer or licensed reinsurer…”
Why 30th January? It is presumed that 30th January is the end of the first month. If that is the case, the month ends on the 31st and 30th January, which is why the Hon Minority Leader posed the question.
Mr Speaker 12:41 p.m.
Yes?
Mr Ahiafor 12:51 p.m.
Mr Speaker, on reading the clause very well, it just states a time frame within which an Act is supposed to be done. So, whether that Act is done on or before the 30th January, or the 31st of January, it is neither here nor there.
However, if the sponsors of the Bill want the Act to be done on or before the 30th of January of each year, I do not think we should be too worried about why it is not the 31st or the 30th of January.
Dr Assibey-Yeboah 12:51 p.m.
Mr Speaker, I thought you were putting the Question on clauses 70 to 100. So, that is what I am waiting to --
Mr Speaker 12:51 p.m.
Very well.
Pursuant to the Hon Majority Leader's intervention, what do you say? Or you were not following?
Dr Assibey-Yeboah 12:51 p.m.
Mr Speaker, I thought we were amending “31st January”. [Pause] -- Mr Speaker, the amendment has been abandoned.

Question put and amendment agreed to.

Clause 101 -- Qualification of statutory manager
Mr Iddrisu 12:51 p.m.
Mr Speaker, clause 74(1) (a): “A license insurer and a license re-insurer shall establish and maintain a governance framework that provides for
a)A clear and appropriate apportionment of ….”
Mr Speaker, what is the meaning of significant responsibility? If we want to say “responsibility”, we should say so. Are we saying that there are
insignificant responsibilities? I do not think the word “significant” belongs there. So, the word “significant” should be deleted.
Also, clause 74(1) (b); separation of the oversight functions from the management function responsibility. Are we just using words or we mean that in this particular governance process, there will be management functions and oversight functions?
Mr Speaker, I do not see it so and if there is, they should provide an explanation. So, it should be; separation of oversight function of who? So the management responsibility of who in the governance framework.
So, this would be my suggestion to improve clause 74 if it is acceptable to the policy sponsors of the Bill.
Dr Assibey-Yeboah 12:51 p.m.
Mr Speaker, I thought we had already put the Question on clauses 70 to 100. Now, we are going back to -
Mr Speaker 12:51 p.m.
Yes, Hon Chairman, we can go back since this is the Consideration Stage --
Dr Assibey-Yeboah 12:51 p.m.
Mr Speaker, he should come by way of Second Consideration by noting all his amendments and we could even advertise same tomorrow.
Mr Speaker 12:51 p.m.
Hon Minority Leader, are you abandoning it?
Dr Assibey-Yeboah 12:51 p.m.
Mr Speaker, it is for the information of this House that in the year 2011, an attempt was made to revise the Insurance Bill; it has gone through two Parliaments and we have not been able to revise the Bill. If we miss this opportunity, that will be it.
The fear is that what has happened in the Securities and Exchange industry as well as the banking sector, if we do not fortify the laws in the insurance industry that is the next area that there could be a financial crisis. That is why a lot of work has gone through this one.
Mr Speaker, this committee has met, revised the Bill and a lot of work has gone into it. We also know that the Hon Chairman is leaving the House and this is one of the legacy Bills that he wants to pass before leaving.
Dr A. A. Osei 12:51 p.m.
Mr Speaker, in this industry, the stakeholders understand the use of all these words that we are talking about. The word “significant” has a meaning to the stakeholders and they are supposed to clarify that ahead of time.
So, let us leave the players in the industry to define these words; “oversight control” they know what it leads to mean -- If it is not done, there can be a problem. I think we should keep it as it is to ensure that they do the right thing.
Mr Agbodza 12:51 p.m.
Mr Speaker, looking at what they actually intended to put at clause 69 (6) (a) is “release” and not “realise”. It reads:
“Where a licensed insurer or licensed reinsurer becomes insolvent at a time when a statutory manager or liquidator has not been appointed, the Commission may
(a) realise any deposited asset
…
Mr Speaker, I believe what it should be is; “release” they want to write. Is the Hon Chairman sure he would want to use the word “realise”? How do we realise deposits that someone has? It is rather a “release”.
Dr A. A. Osei 12:51 p.m.
Mr Speaker, I pardon my Hon Colleague; he was thinking about ‘design' and so on. This is a term of art in finance.
Mr Ahiafor 12:51 p.m.
Mr Speaker, I strongly believe that we are on clause 74 and a decision has not been taken
on clause 74 and we have been taken back to clause 69. So, I want to contribute to the debate regarding clause 74 as raised by the Hon Minority Leader.
I support the deletion of the word; “significant”. This is because “responsibility” is “responsibility” whether ‘significant' or not. The word may be relative; what is significant to the Hon Minister for Monitoring and Evaluation may not be significant to me.
Mr Speaker, so, let us just restrict ourselves to the use of the word ‘responsibility'.
Mr Banda 12:51 p.m.
Mr Speaker, I believe that we are dealing with a specialised industry and every word used has a purpose. If we take away “significant”, it changes the meaning because the “significant” is used to qualify “responsibilities”.
So, I propose that we leave it as it is because “significant” may mean key responsibilities and these key responsibilities may not be the same as just ordinary responsibilities. The meaning will be distorted if we take out “significant” and so, we should leave it as it is.
Mr Iddrisu 12:51 p.m.
Mr Speaker, the Hon Chairman for the Committee on Constitutional, Legal and Parliamentary Affairs has just given us a word; “key” to it. We are familiar with that. When one says “significant”, would he or she define “significant responsibilities?” [Interruption] Then that is why we are saying that it should be limited to responsibility because there is no significant or insignificant responsibility.
Even if it is a technical word in insurance, what is significant and less insignificant? Mr Speaker, he should give me an evidence in insurance that this particular responsibility is insignificant or significant because so long as we use the word “significant”, it is presumed that there is less significant or insignificant.
Mr Kyei-Mensah-Bonsu 1:01 p.m.
Mr Speaker, clause 52 uses the word “significant”. For instance, there is distinction between ordinary ownership and significant ownership so I think that it is an industry term and we may want to leave it. Initially, I was also concerned about the use of the word “significant responsibility” but I want to believe that they want
Mr Iddrisu 1:01 p.m.
Mr Speaker, I can abandon it and as I heard the Hon Majority Leader, it is understandable that a 51 per cent or 52 per cent shareholder is a significant shareholder. However, I do not see the distinction between --
Mr Speaker, we are making a law so once we emphasise “significant responsibility” then there is the presumption that there is less responsibility or insignificant responsibility. However, if the policy makers insist then I would withdraw my opposition to it.
Mr Speaker 1:01 p.m.
Thank you very much.
Clause 101 -- Duties of statutory manager.
Dr Assibey-Yeboah 1:01 p.m.
Mr Speaker, I beg to move, clause 101, paragraph (a), line 2, delete “insurer or reinsurer” and insert “licensed insurer or licensed reinsurer”.
Question put and amendment agreed to.
Clause 101 as amended ordered to stand part of the Bill.
Clause 102 ordered to stand part of the Bill.
Mr Iddrisu 1:01 p.m.
Mr Speaker, because clause 103 is creating powers of statutory manager, I would have wished that in the second line of clause 103(1), we should have space for the word “shall” instead of just saying “has the powers, rights, and privileges …” I think we should insert “shall”.
Dr Assibey-Yeboah 1:01 p.m.
Mr Speaker, if we insert “shall” it would not read well with the other paragraphs listed there.
Mr Iddrisu 1:01 p.m.
Mr Speaker, I beg to abandon my proposed amendment.
Clause 103 ordered to stand part of the Bill.
Clause 104 -- Remuneration of statutory manager.
Mr Iddrisu 1:01 p.m.
Mr Speaker, the headnote of clause 104 reads “Remuneration of statutory manager” but subclause (1) reads
“The cost, charges and expenses properly…”
However, this does not find space in the headnote.
It further reads
“… incurred by a statutory manager, including remuneration agreed on with the Commission
…”
Mr Speaker, this refers to two legs of expenditure because remuneration would normally be salaries, allowances and others. Clause 104 is on remuneration so we cannot have “cost, charges and expenses”. We either have to amend the headnote to read ‘Remuneration and other expenses' or we amend the provision to be solely the remuneration of a statutory manager then we would know that it is limited to the salaries and allowances and not cost, charges and expenses.
Mr Ahiafor 1:01 p.m.
Mr Speaker, based on the argument by the Hon Minority Leader, I further propose that the headnote should read as --
‘Remuneration and expenses of a statutory manager'.
Dr A. A. Osei 1:01 p.m.
Mr Speaker, if that is the case, the provision talks about the cost, charges and expenses. So, we cannot just replace it by expenses. If we want to follow the argument by the Hon Minority Leader, then it should read ‘Remuneration, cost, charges, and expenses of a statutory manager' so that it would be consistent.
Mr Speaker, I do not think that we should change the headnote.
Mr Banda 1:01 p.m.
Mr Speaker, the language of clause 104(1) is clear that “cost” is not being treated as part of the expenses and same applies to charges. Cost, charges and expenses are treated separately and remuneration is also treated separately. So, in order to make the headnote as comprehensive as possible, I beg to propose that it should read ‘Remuneration, cost, charges and expenses of a statutory manager'.
Question put and amendment agreed to.
Clause 104 as amended ordered to stand part of the Bill.
Dr Assibey-Yeboah 1:01 p.m.
Mr Speaker, you can put the Question on clauses 105 to 116.
Mr Iddrisu 1:11 p.m.
Mr Speaker, with your leave and indulgence, on clause 116(2) (a), the use of “refuses” and “reject”.
Mr Speaker 1:11 p.m.
Shall I put the Question on clauses 105 to 115?
Mr Iddrisu 1:11 p.m.
Thank you, Mr Speaker, rightly so.
Mr Iddrisu 1:11 p.m.
Mr Speaker, I was asking from the sponsors of the policy whether with the use of the word “refuses” in “Where the Commission rejects an application or refuses an application.
Clause 116 ordered to stand part of the Bill.
Clause 117 -- Application for renewal of insurance intermediary licence
Dr Assibey-Yeboah 1:11 p.m.
Mr Speaker, I beg to move, clause 117, subclause (3), line 3, delete “it” and insert “the Commission”.
Question put and amendment agreed to.
Clause 117 as amended ordered to stand part of the Bill.
Clause 118 -- Renewal of insurance intermediary licence
Dr Assibey-Yeboah 1:11 p.m.
Mr Speaker, I beg to move, clause 118, subclause (3), line 3, delete “it” and insert “the Commission”.
Question put and amendment agreed to.
Clause 118 as amended ordered to stand part of the Bill.
Clause 119 ordered to stand part of the Bill.
Clause 120 -- Grounds for cancellation of insurance intermediary licence
Dr Assibey-Yeboah 1:11 p.m.
Mr Speaker, I beg to move, clause 120, paragraph (b), line 2, before “business”, insert “insurance intermediary”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 1:11 p.m.
Mr Speaker, I beg to move, clause 120, paragraph (d), line 1, before “enforcement”, insert “an”.
Question put and amendment agreed to.
Clause 20 as amended ordered to stand part of the Bill.
Mr Banda 1:11 p.m.
Mr Speaker, permit me to take the House back to clause 119. There is a little amendment that I would want to propose.
I beg to move, clause 119(1), line 2 reads “the insurer is stated on the
insurance agent licence. I would rather want to propose that it reads “on the licence of the insurance agent.
Mr Speaker, so clause 119(1) would then read 1:11 p.m.
“A licence insurance agent shall not act as the insurance agent for an insurer unless the name of the insurer is stated on the licence of the insurance agent.”
Dr Assibey-Yeboah 1:11 p.m.
Mr Speaker, earlier a question had been put on clause 119, and the Hon Member took us back to move an amendment. We have no objection to the amendment, and so if you could put the Question again on clause 119?
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 1:18 p.m.
But I should first put the Question on his proposed amendment.
Mr Banda 1:18 p.m.
Mr Speaker, if you look at the second line of clause 119(1), the language is in the possessive, which is “insurance agent
licence”. I would want to reword it to read “as stated on the licence of the insurance agent” instead of “stated on the insurance agent's licence”.
Mr Chireh 1:18 p.m.
Mr Speaker, there is something called the “Insurance Agent's Licence”. So I do not see why he is objecting to it being in the possessive. There is something like that. It is not just possessive.
Mr Ahiafor 1:18 p.m.
Mr Speaker, if you look at clause 119 carefully, it reads:
“A licence insurance agent shall not act as the insurance agent for an insurer unless the name of the insurer is stated on the licence of the insurance agent.”
Mr Speaker, it means that there is a licence referred to as “Insurance Agent's Licence” that must have the name of the insurer.
Mr First Deputy Speaker 1:18 p.m.
But is there any such thing in the Bill? Has the Bill provided for an Insurance Agent's Licence anywhere?
Mr Banda 1:18 p.m.
Mr Speaker, if you read clause 119(3) carefully, a similar language to what I am using is used except that the name is not the same. Clause 119(3) says and I beg to quote:
Mr Kyei-Mensah-Bonsu 1:21 p.m.
Mr Speaker, I am not sure that we need to split heads over this. This is because the insurance agent licence has been defined. So it means that it is a term of the industry.
“Insurance agent licence means a licence issued to a person who intends to sell insurance on behalf of an insurer”.
So, it is an industry terminology. So we have to live with it.
Mr First Deputy Speaker 1:21 p.m.
I think that solves the problem. So we would not go back to 119.
Mr Chireh 1:21 p.m.
I am only referring you to the Interpretation on page 170.
Dr Assibey-Yeboah 1:21 p.m.
Mr Speaker, the question has already been put on clause 119 and 120. So now, we are on clause 121.
Clauses 121 --126
Clause 127 -- Matters affecting the suitability of the significant owner, Director, Senior Manager and key person in the control function.
Dr A. A. Osei 1:21 p.m.
Mr Speaker, earlier, the word “suitability” was changed to “eligibility” in some earlier clause. So we should make sure that we change this “suitability” to “eligibility” in clause 127.
Mr First Deputy Speaker 1:21 p.m.
I direct the draftspersons to take note and effect the corrections appropriately.
Mr Kyei-Mensah-Bonsu 1:21 p.m.
Mr Speaker, if I may, the headnote of clause 127 refers to eligibility of the significant owner, Director, Senior Manager and key person in the control function. The “significant” does not qualify “director”. It is a standalone term. Then we have “Director” which also stands alone; just so that we do not get confused about qualifying the director. So I think
that the headnote should rather begin with “eligibility of Director, Senior Manager”, before “significant owner” in that order, otherwise, we may end up confusing ourselves.
Mr Chireh 1:21 p.m.
Mr Speaker, I think that for us not to get things mixed up, whenever you call the clause consecutively and there is an issue with one, you put the question on the rest and then you start from where the issue has been raised.
This is because Dr Akoto Osei raised an issue and the Hon Majority Leader is also raising an issue but you have mentioned a number of clauses. So where we have no problem with those earlier clauses, you should put the question and we start off from where the controversy may be.
Mr First Deputy Speaker 1:21 p.m.
Very well. Thank you for your assistance. I crossed clause 128 before they called me back to 127.
Clauses 121 to 126 ordered to stand part of the Bill.
Mr First Deputy Speaker 1:21 p.m.
Now, let us be clear on what amendment is intended for clause
127.
Mr Kyei-Mensah-Bonsu 1:21 p.m.
Mr Speaker, I was just saying that for the avoidance of doubt, we need to state the “Director” first so that it may not be misread to mean that we have an officer called “significant Director”. So I said we should just introduce “Director” first. It would mean, matters affecting the suitability would now read: “eligibility of Director, Senior Manager, key person in control function or significant owner.” That is all that I am saying.
If we look at the body, clause 127(1) (a) has that arrangement. That is why when we come to (b), “significant owner” is treated differently. I was just saying that we have a rearrangement of the headnote to conform to (a) and (b).
Question put and amendment agreed to.
Clause 127 as amended ordered to stand part of the Bill.
Clauses 128 to 130 ordered to stand part of the Bill.
Clause 131 -- Notice of likely failure to comply
Dr Assibey-Yeboah 1:21 p.m.
Mr Speaker, I beg to move, clause 131 subclause (3), line 1, delete “who” and insert “that”.
Mr Speaker, it would read 1:21 p.m.
“A corporate insurance intermediary that contravenes subsection (1).”
Question put and amendment agreed to.
Clause 131 as amended ordered to stand part of the Bill.
Clause 132 to 150 ordered to stand part of the Bill.
Clause 151 to 170 ordered to stand part of the Bill.
Clause 171 to 196 ordered to stand part of the Bill.
Clause 197 -- Regulations.
Dr Assibey-Yeboah 1:31 p.m.
Mr Speaker, I beg to move, sectional note, delete and insert “Regulatory Powers”.
Question put and amendment agreed to.
Dr Assibey-Yeboah 1:31 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (e), line 1, delete “the” and insert “a”.
Mr Speaker, the new rendition would read 1:31 p.m.
“Provide for a notice to be given to a person to be investigated under section 176.”
Question put and amendment agreed to.
Dr Assibey-Yeboah 1:31 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (i), line 1, delete “procedures” and insert “procedure”.
Mr Speaker, the new rendition would read 1:31 p.m.
“Specify the procedure for lodging complaints by customers against a licensee to the Commission for mediation.”
Question put and amendment agreed to.
Dr Assibey-Yeboah 1:31 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (k), line 1, delete “in” and insert “under”.
Mr Speaker, the new rendition would read 1:31 p.m.
“Specify the circumstances under which complaints may be referred to the Commission.”
Question put and amendment agreed to.
Dr Assibey-Yeboah 1:31 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (n), delete “applications”
and insert “application.”Mr Speaker, the new rendition would read: “Provide for application for an innovative licence.”
Mr First Deputy Speaker 1:31 p.m.
Hon Chairman, does it sound right to you? If you would want to change it from being plural, then we should introduce an article before the word “application”, so that it would read: “Provide for an application…” Otherwise, the use of “applications” is all right.
Dr Assibey-Yeboah 1:31 p.m.
Mr Speaker, it would even read fine if we do not bring the article “an”. It would read: “Provide for application for an innovative licence.”
Mr First Deputy Speaker 1:31 p.m.
If you are making it singular, then I think that we should introduce the article “an”, so that it would read: “Provide for an application for an innovative license.”
Mr Richard M. K. Quashigah 1:31 p.m.
Mr Speaker, I think that it works both ways. If we introduce the article “an”, then we are being specific. However, if we say “application”, in generic terms, as he said, it also works, but the sense of understanding is that it
applies to all applications, but in this context, we are talking of a specific application. So, it depends on which way we would want to go.
Mr Chireh 1:41 p.m.
Mr Speaker, unless we are changing plural to singular, we would say “an application” so; I think the Hon Chairman agrees and the further amendment would be to add “an” to what he has done.
Mr First Deputy Speaker 1:41 p.m.
Very well, the new rendition would be: “Provide for an application for an innovative licence”.
Question put and amendment agreed to.
Clause 197 as amended, ordered to stand part of the Bill.
Mr Kyei-Mensah-Bonsu 1:41 p.m.
Mr Speaker, I was just looking at the arrangement in clause 197(4) which relates to the use of the word, “expert”. It has been used in the body of clause 197 and specifically, in paragraph (k). So we come now to define what “expert” means in that context and I think it is appropriately captured in clause 197(4).
When we go back clause 187, those words used are also in the body of clause 187 but before we come to
Mr First Deputy Speaker 1:41 p.m.
Relocating it from where to the end?
Mr Kyei-Mensah-Bonsu 1:41 p.m.
From the beginning of clause 187(1) to -- they have used it in clause 187(2); “approval” and then, “condition” is also used in clause 187(3). The word “exemption” is also used in the main body and so I was saying that after the usage, we relocate it to the end of clause 187 so that it would be 187(7), with the necessary adjustment upwards and it would read:
“For the purposes of this section, “approval” means….” condition” means…and “exemption”
Just as it has been done in clause
197.
Mr Chireh 1:41 p.m.
Mr Speaker, I think that the suggestion is for you to you to direct the draftspersons to re- locate where in the clause 187, subclause (1) becomes subclause (7), serial to clause 197 where we use the words and then, give the definitions. So it may not have to be a Motion, they could be directed to re-arrange it.
Dr A. A. Osei 1:41 p.m.
Mr Speaker, the appropriate paragraph is (l), not (k) in subclause (4) because “expert” does not appear in subclause (k) at all. So they should make that correction.
Mr First Deputy Speaker 1:41 p.m.
Have you gone back to clause 197?
Dr A. A. Osei 1:41 p.m.
Yes, Mr Speaker.
Mr First Deputy Speaker 1:41 p.m.
Let me get a consensus on the suggestion made by the Hon Majority Leader on re-locating clause 187(1).
Mr Kyei-Mensah-Bonsu 1:41 p.m.
Mr Speaker, I was citing that as a proper location of a word that must be defined after its usage in the body of a section. And I was saying that this is appropriate and so we should do the same thing for clause 187.
Mr First Deputy Speaker 1:41 p.m.
Let me give direction in respect of clause
187 first. But, Hon Chairman, are you comfortable with that that we re- locate clause 187(1) to clause 187(7)?
Dr Assibey-Yeboah 1:41 p.m.
Mr Speaker, I am, but then, in the clause 197; the earlier one, the reference is to paragraph (l) and not (k); that was where we started.
Mr First Deputy Speaker 1:41 p.m.
Do not worry, we would come back to that. Clauses 187 and 197 are different clauses and so let me make an order for clause 187 and after that, I would listen to you on clause 197.
Dr Assibey-Yeboah 1:41 p.m.
Mr Speaker, I agree.
Mr First Deputy Speaker 1:41 p.m.
I direct that the draftspersons re-locate clause 187(1) to the end of the clause so that it becomes clause 187(7).
Now, Hon Chairman, you said it is clause 197(l) instead of 197(k).
Dr Assibey-Yeboah 1:41 p.m.
Mr Speaker, the third aspect is used in paragraph (l) and not in paragraph (k). I think that we deleted one of the paragraphs earlier.
Mr First Deputy Speaker 1:41 p.m.
For the purposes of paragraph (l)?
Dr Assibey-Yeboah 1:41 p.m.
Yes, Mr Speaker.
Mr First Deputy Speaker 1:41 p.m.
Very well. I direct the draftspersons to effect that correction.
Clause 198 to 207 ordered to stand part of the Bill.
Clause 208 -- Court proceedings.
Dr Assibey-Yeboah 1:41 p.m.
Mr Speaker, I beg to move, clause 208, subclause (1), line 5, delete “it” and insert “the court”.
Question put and amendment agreed to.
Clause 208 as amended ordered to stand part of the Bill.
Clause 209 to 213 ordered to stand part of the Bill.
Clause 214 -- Insurance against liability under Workmen's Compensation Act, 1987
(P.N.D.C.L. 187).
Dr Assibey-Yeboah 1:41 p.m.
Mr Speaker, before I move the amendment, the Hon Deputy Minister for Finance would like to give some policy indication.
Mr First Deputy Speaker 1:41 p.m.
Yes, Hon Deputy Minister?
Dr A. A. Osei 1:51 p.m.
Mr Speaker, want to support the Hon Deputy Minister but I want to go further. Consequentially, clause 215 to clause 217 must also be deleted for the same reasons.
Mr Chireh 1:51 p.m.
Mr Speaker, the Hon Deputy Minister is saying that after consultation, but this is also very important in the insurance business where professionals in the employment of such institutions ought to insure them against risk.
It is a major policy, so to come and say that you want “after consultation” deleted -- It is a very serious matter because it means that we are leaving these professionals in these areas,
bereft of any benefits in case they have suffered any incident. So, he needs to come back clearly.
Mr Kwarteng 1:51 p.m.
Mr Speaker, I admire the sentiments expressed by Hon Chireh. The point is this, consultation was done by the institution itself, that is the Insurance Commission and when they had the engagement with us, these issues were raised. At the time, we thought that they had convinced us that they had to have this there, but following the laying of the Bill, the Ministry of Finance has had a lot of feedback from industry players and affected stakeholders.
We have spoken with the Commission and informed them that we intend to make this Motion to remove the said clauses completely. We would always be able to come back if we are minded to do so. However, at this point, the policy objective is to have these elements removed in order to pave way for this Bill to be passed, otherwise, we may have to hold it until these matters are resolved.
Mr First Deputy Speaker 1:51 p.m.
Very well. So, how many clauses are you seeking to be deleted?
Mr Kwarteng 1:51 p.m.
Mr Speaker, I beg to move, delete clauses 214, 215, 216 and 217.
Question put and amendment agreed to.
Clause 214 to 217 deleted from the Bill.
Clause 218 to 240 ordered to stand part of the Bill.
Clause 241 -- Sources of money for the Client Rescue Fund
Dr Assibey-Yeboah 1:51 p.m.
Mr Speaker, I beg to move, clause 241, subclause (2), delete and insert the following:
“The Commission shall in consultation with the recognised insurance industry trade bodies specify the contribution that a licensed insurer or a licensed reinsurer is required to pay into the Client Rescue Fund.”
Question put and amendment agreed to.
Clause 241 as amended ordered to stand part of the Bill.
Clause 242 to 245 ordered to stand part of the Bill.
Clause 246 -- Sources of money for the Insurance Education Fund
Dr Assibey-Yeboah 1:51 p.m.
Mr Speaker, I beg to move, clause 246, subclauses (2) and (3), delete and insert the following:
“(2)The Commission shall in consultation with the recognised insurance industry trade bodies specify the contribution that a licensee is required to pay into the Insurance Education Fund.”
Question put and amendment agreed to.
Clause 246 as amended ordered to stand part of the Bill.
Clause 247 to 265 ordered to stand part of the Bill
First schedule -- Table of offences and penalties
Dr Assibey- Yeboah 2:01 p.m.
Mr Speaker, with regard to “table of offences and penalties'', the sections described at the first schedule would change because we deleted clauses 214, 215 and 216. So, clauses 214 (3) and 216 (2) which are indicated at the last but two rows of the first schedule, have to be deleted.
Mr Speaker, you could direct the draftspersons to --
Mr First Deputy Speaker 2:01 p.m.
Very well. I direct the draftspersons to delete references to clause 214 (3) and 216 (2) in the group of clauses and subclauses referred to in the first schedule.
Mr Kyei-Mensah-Bonsu 2:01 p.m.
Mr Speaker, I just conferred with the head of the Table Office in respect of the transitional provisions. The usual provision in respect of bank accounts which may hold some amount of money for or on behalf of the operators, has been indicated here. We could compare so that if it is not there, we could find space for it.
Mr Speaker, you could please, direct the Table Officers to look at the standard formulation and if it is important to include that one, then they could create space for it.
Mr First Deputy Speaker 2:01 p.m.
I will direct the draftspersons to look at the transitional provisions and bring it in line with the standard adopted by the House. Hon Chairman, you may move your amendment to the first schedule.
Dr Assibey- Yeboah 2:01 p.m.
Mr Speaker, I beg to move, first schedule, table on page 179, column 2, second row, line 1, delete “purports'' and insert “purporting''.
The new rendition would read:
“Carrying on or purporting to carry on…''
Question put and amendment agreed to.
First schedule as amended ordered to stand apart of the Bill
Mr First Deputy Speaker 2:01 p.m.
Hon Members, having regard to the state of the Business of the House, I direct that the House sits outside the regular Sitting hours.
Item numbered (xlvii) on the Order Paper.
Dr Assibey- Yeboah 2:01 p.m.
Mr Speaker, because we had deleted the description of sections, in the first schedule, the parts that relate to 214 (3) and 216 (2), would also have to be deleted on page 199.
Mr First Deputy Speaker 2:01 p.m.
I will direct the draftspersons to delete the references to clause 214 to 217.
Second schedule -- Classes of Persons and Properties Covered by Compulsory Insurance
Dr Assibey- Yeboah 2:01 p.m.
Mr Speaker, I beg to move, Second Schedule, table on page 204, column 3, fifth row, after paragraph 4, insert “#. financial and investment analyst''
Question put and amendment agreed to.
Dr Assibey- Yeboah 2:01 p.m.
Mr Speaker, again, clauses 214 (3) and 216 (2) in the sections description in the second schedule have to be deleted. The second and the third rows also have to be deleted entirely.
Mr First Deputy Speaker 2:01 p.m.
Very well. The draftspersons are hereby directed to delete any references to clause 214 to 217 in the schedules.
Second Schedule as amended ordered to stand part of the Bill
Long title ordered to stand part of the Bill
Mr First Deputy Speaker 2:01 p.m.
Hon Members, that brings us to the end of the Consideration Stage of the Insurance Bill, 2020.
Mr First Deputy Speaker 2:01 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 2:01 p.m.
Mr Speaker, we could take a suspension and come back in an hour and half's time. So, we would come back at
Mr First Deputy Speaker 3:30 p.m.
Minority bench?
Mr Avedzi 3:30 p.m.
Mr Speaker, as proposed by the Hon Majority Leader, we could take the suspension and come back at 3.30 p.m.
Mr First Deputy Speaker 3:30 p.m.
Hon Members, the House is suspended till

2.11 p.m. -- Sitting suspended

5.01 p.m. -- Sitting resumed
Mr First Deputy Speaker 3:30 p.m.
Yes, Hon available Leader?
Mr Kobina Tahir Hammond 3:30 p.m.
Mr Speaker, as I understand it --
I am advised that we could take items numbered 73 and 74 at page 64 of the Order Paper for today. Those Motions stand in the name of the Minister for Finance.
Mr First Deputy Speaker 3:30 p.m.
Hon Member, you mean item numbered 73, the Third Reading? With the House empty like this, no!
Let us do some Consideration of a Bill. At least, leadership of the two Sides must be here.
Mr First Deputy Speaker 3:30 p.m.
Hon Members, item numbered 2 on the Order Paper Addendum, National Ambulance Service Bill, 2020 at the Consideration Stage.
BILLS -- CONSIDERATION 3:30 p.m.
STAGE 3:30 p.m.
Dr Kwabena Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 1, subclause (1), delete and insert the following:
“There is established by this Act the National Ambulance Service as a body corporate.”
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 1, subclause (2), line 2, delete “movable and immovable”.
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 1, subclause (3), lines 1 and 2, delete “immovable property, the property” and insert “land, the land”.
Question put and amendment agreed to.
Clause 1 as amended ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Clause 3 -- Object of the Service
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 3, line (1), delete “ensure” and insert “provide for”.
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Clause 4 -- Functions of the Service
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 4, delete paragraph (b) and insert the following:
“(b) ensure the provision of a twenty-four hour access to ambulance services;”
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (c), line 3, delete “medical”, so that it would read:
“…and any other emergencies;”
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (f), line 2, delete “determine” and insert “recommend”.
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (g), line 1, delete “intentionally” and insert “internationally”.
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (i), line 1, after “effective” insert “and efficient”.
Question put and amendment agreed to.
Dr Twum-Nuamah 3:30 p.m.
Mr Speaker, I beg to move, clause 4, paragraph (j), line 1, delete “authorised” and insert “determined”.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 5:11 p.m.
Mr Speaker, for clause 4, paragraph (f), we have this formulation:
“For the purpose of achieving the object under section 3, the Service shall
(f) with the approval of the Minister, and in consultation with the Minister responsible for Finance, determine charges for services rendered by the Service”
Mr Speaker, this formulation does not obtain anywhere; we do not have the Service consult their own Minister for approval and then again, go behind the Hon Minister to have consultation with the Hon Minister for Finance. It does not exist anywhere and that is not how it is done. There should be a proper formulation of this.
Mr First Deputy Speaker 5:11 p.m.
Shall I proceed so that we come back to it?
Mr Kyei-Mensah-Bonsu 5:11 p.m.
Mr Speaker, if we step that one down for the time being, I would do a proper formulation.
Mr First Deputy Speaker 5:11 p.m.
Very well.
I will defer the Question on clause
5.
Clause 5 -- Governing body of the Service
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (a), line 1, delete “who is a person who has” and insert “with”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xii)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (b), lines 2 & 3, delete
“emergency related skills and competence” and insert “skills and competence in emergency related services”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xiii)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, that subclause (1), paragraph (c), delete and insert the following:
“(c) one representative of the following institutions with background in emergency care services:
(i) the Ghana National Fire Service not below the rank of a Deputy Chief Fire Officer, nominated by the Chief Fire Officer;
(ii) the Ministry of Local Government and Rural Development not below the rank of a Director, nominated by the Minister responsible for Local Government and Rural Development;
(iii) the Police Service not below the rank of a Deputy
Commissioner of Police, nominated by the Inspector-General of Police; and
(iv) the Ghana Armed Forces not below the rank of a Colonel, nominated by the Chief of Defence Staff, Ghana Armed Forces;”
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xiv)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, subclause (1), paragraph (d), delete and insert: “(d) an emergency medical technician in the Service nominated by the Service;”
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xv)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I just want to seek your guidance on item numbered (xv), the advertised amendment was incomplete and so, I propose that we correct it to read:
Mr Speaker, I beg to move subclause 1 paragraph (e), delete and
insert the following: one representative of the faculty of Emergency Medicine of the Ghana College of Physicians and Surgeons not below the rank of a fellow nominated by the Minister”
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xvi)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move subclause (1), delete paragraph (f).
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xviii)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, subclause (2), line 2, after “the” insert “chairperson and other”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xix)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, subclause (3), line 1, delete “proper and” and after “effective” insert “and efficient”.
Mr Kyei-Mensah-Bonsu 5:11 p.m.
Mr Speaker, if I could go back to clause 4 (f) and proffer this amendment: “For the purpose of achieving the object under section 3, the Service shall, with the approval of the Minister for Finance given through the Minister determines charges for services rendered by the Service”.
Question put and amendment agreed to.
Clause 4 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 5:11 p.m.
I will go back to clause 6.
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, subclause (2), paragraph (b), lines 2 & 3, delete all words after “member”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:11 p.m.
Item numbered (xxi)?
Dr Twum-Nuamah 5:11 p.m.
Mr Speaker, I beg to move, subclause (3), line 4, after “units” insert “or to a term of imprisonment of not less than five years and not more than ten years or to both.”
Question put and amendment agreed to.
Clause 6 as amended ordered to stand part of the Bill.
Clause 7 -- Tenure of office of members of the Board
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move clause 7, subclause (1) line (1), delete “period” and insert “term”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:21 p.m.
Item numbered (xxiii).
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move, clause 7, subclause (1) lines 2 and 3, delete “but a member shall not be appointed for more than two terms” and insert “for another term only”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:21 p.m.
Item numbered (xxiv).
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move, clause 7, subclause (5) line 2, delete “that” and insert “the”.
Question put and amendment agreed to.
Mr First Deputy Speaker 5:21 p.m.
Item numbered (xxv).
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move, clause 7, subclause (7), paragraph (b) line 4, after “vacancy” insert “for the unexpired term”.
Question put and amendment agreed to.
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move a further amendment that clause 7, subclause (2) line 3, delete “that” and insert “the”.
It would now read: ‘by reason of the office of the person'.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 5:21 p.m.
Mr Speaker, we need to tidy up the
closing part of subclause 7. We have moved to a common construction that reads that the Minister shall notify the President of vacancy and the president shall appoint a person for the unexpired term --
Mr Speaker, I just want to say that we insist that the President in filling the vacancy must do so pursuant to the Act. In other words, with those who occupy positions because of their official positions, the President would have to resort to that same mechanism.
It cannot be that he just appoints them because it should be done pursuant to the provisions of the Act. So, I just want to remind the draftspersons that there is a construct that we have adopted for this so they should use that construct so that we are sure that what we have done is right.
Mr First Deputy Speaker 5:21 p.m.
Very well.
Clause 7 as amended ordered to stand part of the Bill.
I direct the draftsperson to redraft clause 7(7) to reflect the template that has been adopted by the House.
Clause 8 -- Meetings of the Board.
Mr First Deputy Speaker 5:21 p.m.
Item numbered (xxvi).
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move, clause 8 delete and insert the following:
“Meetings of the Board
(1)The Board shall meet at least once every three months for the conduct of business at a time and place determined by the chairperson.
(2)The quorum at a meeting of the Board is seven members.
(3) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary meeting of the Board at a time and place determined by the chairperson.
(4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson a member of the Board elected by the members present from among their number shall preside.
(5) A matter before the Board shall be decided by a majority
of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(6) The Board may co-opt a person to attend a meeting of the Board but that person shall not vote on a matter for decision at the meeting.
(7)The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.
(8) The Board shall, subject to this section, determine the procedure for the meetings of the Board.”
Alhaji Muntaka 5:21 p.m.
Mr Speaker, I do not understand why the Hon Chairman wants us to insert this? What is wrong with the original rendition?
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, the House has adopted a template for this rendition so the amendment is just to conform to that.
Alhaji Muntaka 5:21 p.m.
Mr Speaker, does the Hon Chairman mean the original rendition does not conform to what the House has been doing?
Mr First Deputy Speaker 5:21 p.m.
Hon Member, do you have any suggestions to make?
Alhaji Muntaka 5:21 p.m.
Mr Speaker, the Hon Chairman should keep the original rendition unless his amendment is to cure a particular issue.
Mr Kyei-Mensah-Bonsu 5:21 p.m.
Mr Speaker, firstly, I see that we have moved away from the use of the word “dispatch business” because it seems to attach some degree of alacrity to the transaction of business.
Now, we just say that “the Board shall meet at least once every three months for the conduct of business”, instead of dispatch of business. I noticed that that correction has been effected in subclause (1). I will follow what the other subclauses may read but, at least, for subclause (1) there is the change to the “for the conduct of business” and not “the despatch of business”.
Mr First Deputy Speaker 5:21 p.m.
My understanding of what the Hon Chairman said is that the House has adopted a template for similar provisions and so this amendment is to conform to that template.
Mr Kyei-Mensah-Bonsu 5:21 p.m.
Mr Speaker, again, the quorate number has increased to seven.
So, instead of moving the amendments one after the other, the Hon Chairman put everything together.
Mr Banda 5:21 p.m.
Mr Speaker, also the rendition is subclause (7) is not the same as what is captured in the original Bill. In the original Bill, it starts with the validity of proceedings, but the advertised amendment reads “The proceedings of the Board shall not be invalidated …”
Mr Speaker, because of the numerous amendments to clause 8 we decided to delete the entire clause 8 and substitute it with the advertised amendment. Also, there was a template that we adopted.
Mr First Deputy Speaker 5:21 p.m.
Very well.
Question put and amendment agreed to.
Clause 8 as amended ordered to stand part of the Bill.
Clause 9 -- Disclosure of interest.
Mr First Deputy Speaker 5:21 p.m.
Item numbered (xxvii).
Dr Twum-Nuamah 5:21 p.m.
Mr Speaker, I beg to move, clause 9 delete and insert the following:
Mr Kyei-Mensah-Bonsu 5:31 p.m.
Mr Speaker, I am just wondering whether the paragraphs (a) and (b) of the two should have the conjunction “and” or “or”. I think it should be “or” and not “and”.
Mr First Deputy Speaker 5:31 p.m.
Yes, Hon Chairman?
I think it should be “and”. One must have done the two. An individual must have an interest which he fails to disclose and sit in and participate in the meeting and the decision.
Mr Kyei-Mensah-Bonsu 5:31 p.m.
Mr Speaker, so if a person is present. If he discloses and a few things happen because of which he loses the trend of the business that is being conducted, the person then stays and participates what happens. He discloses but stays to participate. So that should not apply. We should not say so because he did not do the two together. Is that the understanding? I think any one of them could apply.
It says:
“A member of the Board who has interest in the matter for consideration shall disclose in writing.”
And when a person has done so, he is disqualified from being present and participating in the deliberations. So any of them is a disqualifier.
Dr Twum-Nuamah 5:31 p.m.
Mr Speaker, I agree with the Hon Majority Leader's amendment.
Mr First Deputy Speaker 5:31 p.m.
To delete “and” at the end of (a) and insert “or”? Is that right?
Mr Kyei-Mensah-Bonsu 5:31 p.m.
Yes.
Mr First Deputy Speaker 5:31 p.m.
Very well.
Mr Kyei-Mensah-Bonsu 5:31 p.m.
Mr Speaker, I have a minor amendment in clause 3, line (2). It should read: “The Board shall recover any benefit” and not “The Board shall recover the benefit”.
This is because, it means there could be that a person never had any benefit. If there are any benefits, then that benefit must be recovered. They should recover any benefit and not the benefit.
Dr Twum-Nuamah 5:31 p.m.
Mr Speaker, I agree.
Mr First Deputy Speaker 5:31 p.m.
Now, I would put the Question on the proposed new clause as amended.
Question put and amendment agreed to.
New clause as amended ordered to stand part of the Bill.
Clause 10 -- Establishment of Committees
Dr Twum-Nuamah 5:31 p.m.
Mr Speaker, I beg to move, clause 10, subclause 1, line 2, delete “and” and insert “or”.
Mr Kyei-Mensah-Bonsu 5:31 p.m.
Mr Speaker, again, with this one, to be
Dr Twum-Nuamah 5:31 p.m.
Mr Speaker, in addition to the advertised amendment for subclause (1), in line 2, after “The Board”, we are inserting “or both” so that it reads:
“The Board may establish committees consisting members of the Board or non-members of the Board or both to perform a function of the Board.”
Question put and amendment agreed to.
Mr First Deputy Speaker 5:31 p.m.
Item numbered (xxix)?
Dr Twum-Nuamah 5:31 p.m.
Mr Speaker, I beg to move, clause 10, subclause (3), line 3, delete “its task and the period of this meeting” and insert “the task and the period of the meeting of the committee.
Mr Kyei-Mensah-Bonsu 5:31 p.m.
Mr Speaker, before the Hon Chairman moves his own amendment, there is something missing here in subclause (3). It should read:
“a committee of the Board made up of members and non- members shall be chaired by a member of the Board.”
This is because, Mr Speaker, with what we have done, if we come to subclause (3) and say that “a committee of the Board may be chaired by a member of the Board and the direct the manner in which the committee may carry out its tasks and the period of its meetings”, it might mean that any moment the committee is comprised, and it consists of only non-members, the Committee should still be chaired by a member of the Board, which is not what is intended. So we must get it right there.
Mr Speaker, again, the Table Officers know what to do.
Mr First Deputy Speaker 5:31 p.m.
But that is different from the amendment that the Hon Chairman is yet to move.
Item numbered (xxix) is a different amendment from what you are talking about. Page 14, item numbered (xxix), clause 10, subclause (3), I
wanted to finish with this amendment before I consider your proposed amendment.
Yes, Hon Chairman? Hon Chairman, if you are not ready, kindly resume your seat.
Hon Chairman of the Committee on Constitutional, Legal and Parliamentary Affairs?
Dr Twum-Nuamah 5:31 p.m.
Mr Speaker, we are continuing. We are at item numbered (xxix).
Mr First Deputy Speaker 5:31 p.m.
Yes, Hon Chairman, you moved item numbered (xxix).
Mr Speaker, I beg to move, clause 10, subclause (3), line 3, after “carry out”, delete “its task and the period of this meeting” and insert “the task and the period of the meeting of the committee”
Mr Banda 5:41 p.m.
Mr Speaker, I think that we have a template for that and in that template, we do not have the expression, “we direct the money in which the Committee describes as tax” up to the end.
Mr Speaker, once it is a committee of the Board, it is implied that once a
responsibility or a piece of work is assigned to that sub-committee, the Board would definitely give the committee its terms of reference. In all the pieces of legislation that we have passed in recent times, when it comes to the construction of this kind of expression, we do not normally add that.
Mr First Deputy Speaker 5:41 p.m.
So what is your suggestion? Are you against the proposed amendment?
Mr Banda 5:41 p.m.
Mr Speaker, my submission is even re-enforced by clause 10(5), which says that “A committee shall regulate the procedure for its meeting”.
So, Mr Speaker, what the Hon Chairman seeks to add, to me, is not relevant.
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, this one refers to task being given to the Committee by the Board. The clause 10(5) is the procedure for meetings but this one is referring to task that the Board can assign to the Committee.
Question put and amendment agreed to.
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, I beg to move, clause 10 delete subclause (4).
Mr First Deputy Speaker 5:41 p.m.
They are deleted downwards.
Question put and amendment agreed to.
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, I beg to move, clause 10 subclause (5), delete “its” and after “meetings” insert “of the committee”.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 5:41 p.m.
I further direct that clause 10 be redrafted to be in conformity with the adopted template for clauses of this nature by the House.
Clause 11 -- Functions of the Finance Committee
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, I beg to move, clauses 11, 12 and 13 are to be deleted from the Bill.
Question put and amendment agreed to.
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, I beg to move, add the following new clause after Clause 15:
“National Ambulance Service Technical Advisory Committee”
Establishment of National Ambulance Service Technical Advisory Committee
Without limiting subsection (1) of section 10, the Board shall establish the National Ambulance Technical Advisory Committee.
Mr Speaker, there are a few amendments in the new clause so if I can refer to them.
Mr First Deputy Speaker 5:41 p.m.
Hon Member, proceed with your amendment.
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, I beg to move, add the following new clause:
Membership of the National Ambulance Service Technical Advisory Committee
(1)The members of the National Ambulance Service
Technical Advisory
Committee comprise
(a) a member of the Board, who shall be the chairperson;
(b) the Chief Executive Officer;
(c) a medical educator nominated by the Minister;
(d) a public health specialist nominated by the Minister;
(e) an Emergency Medical Technician nominated by the Minister.
(f) an emergency physician nominated by the Medical and Dental Council.
(g) an emergency nurse nominated by the Nursing and Midwifery Council;
(h) a representative of the National Disaster Management Organisation not below the rank of nominated by the…………;
(i) one representative of the Police Service not below the rank of a ……….., nominated by the Inspector-General of Police;
(j) one representative of the Ghana Armed Forces not below the rank of a ……, nominated by the Chief of Defence Staff, Ghana Armed Forces; and
(k) one representative of the Ghana National Fire Service not below the rank of a ……., nominated by the Chief Fire Officer.
(2) The members of the National Ambulance Service Technical Advisory Committee shall be appointed by the Board.
(3) The Chief Executive Officer shall designate an officer of the Service as secretary to the National Ambulance Service Technical Advisory Committee.
Without limiting subsection (1) of section 10, the Board shall establish the National Ambulance Technical Advisory Committee.
Mr First Deputy Speaker 5:41 p.m.
So what is the new clause?
Dr Twum-Nuamah 5:41 p.m.
Mr Speaker, after the headnote, there is an open statement before the subclauses. It says:
Mr First Deputy Speaker 5:41 p.m.
That would come with another new clause: “Membership of the National Ambulance …” I think you should merge these two. Should we not? They appear to be different clauses but they appear to be doing the same thing.
Mr Kyei-Mensah-Bonsu 5:51 p.m.
Mr Speaker, the Hon Chairman proposed for us to delete subclause 4 of clause 10 when he said that we should delete that provision without limiting subsection (1):
“…Without limiting subsection (1), the Board shall establish the following committees;
(a) Finance Committee;
(b)Technical and Planning Committee; and
(c)Human Resource Management Committee.”
Mr Speaker, he deleted that, I think what ought to have been done was just to alter the formulation here, so that it would have read: “Without limiting subsection (1), the Board shall establish the National Ambulance Service Technical Advisory Committee”. That is what ought to have been done at clause 10 (4), then paragraph (5) would have continued.
We have deleted the original clause 11, but after this, when we now come to it, then we would be talking about the membership of the National Ambulance Technical Advisory Committee, and then we would come to the functions. That is how it ought to have been done. It is a bit confusing what the item numbered (xxxv) - Mr Speaker, I know that you are labouring, but by 6.00 p. m, we shall be adjourning.
Mr First Deputy Speaker 5:51 p.m.
Well, but I think that we would need to work on these two subclauses. We cannot reconcile them now, and that is my problem.
Alhaji Muntaka 5:51 p.m.
Mr Speaker, what the Hon Chairman is trying to do is not very clear. This is because if I get what the Hon Majority Leader is saying, then it means that clause 10 (4) was deleted, and then in its place, this new clause, which is the item numbered (xxxv) is now being
proposed. However, if we take that, then we would have a problem when we get to clause 13, which is on “Functions of the Human Resource Management Committee”.
This is because it has been deleted. [Interruption] -- So, with that one too, would we delete all that? It would therefore mean that the Technical and Planning Committee would be the only Committee that would stand. We wanted to further amend the amendment that we have. We were trying to further amend the amendment on the membership. [Interruption] --
Mr First Deputy Speaker 5:51 p.m.
I would suggest that you go and reconcile them and bring them in order to make it easier for us to work on it.
Mr Kyei-Mensah-Bonsu 5:51 p.m.
Mr Speaker, if I may, the Hon Chairman called for the deletion of clause 10 (4), and I am proposing that in its place, we rather say:
“Without limiting subsection (1) the Board shall establish the following committee…” In that case, it is singular -- or we could capture it as: “The Board shall establish the National Ambulance Service Technical
Advisory Committee”, and that would be in place of clause 10
(4).
Mr First Deputy Speaker 5:51 p.m.
All right, you should move the amendment, so that I would put the Question on clause 10 (4).
Mr Kyei-Mensah-Bonsu 5:51 p.m.
Mr Speaker, I so move.
Question put and amendment agreed to.
Clause 10 as amended ordered to stand part of the Bill.
Dr Twum-Nuamah 5:51 p.m.
Mr Speaker, therefore, with your leave, the new clause 11 would read: “Membership of the National Ambulance Service Technical Advisory Committee”, having established it now.
Mr Speaker, in the memberships, I have some few amendments there.
Mr First Deputy Speaker 5:51 p.m.
Let us do it.
Dr Twum-Nuamah 5:51 p.m.
Mr Speaker, the new clause 11, subclause (1) (f), I beg to move that line 1, after “the”, we delete “Allied Health Professors” and insert “Medical and Dental Council.”
Mr First Deputy Speaker 5:51 p.m.
There is another one, the item numbered (i)
Dr Twum-Nuamah 5:51 p.m.
Mr Speaker, the new rendition for (i) would read:
“One representative of the Police Service not below the rank of a Deputy Commissioner of Police nominated by the Inspector-General of Police.”
Alhaji Muntaka 5:51 p.m.
Mr Speaker, whereas I agree that we would need to get senior officers, we are talking about a Deputy Commissioner of Police, that is too high a position to be given by the Police administration for a technical committee. The Hon Chairman of the Defence and Interior Committee may agree with me. We may request for a Chief Superintendent upwards because a
Deputy Commissioner of Police may be too high. In that case, we may be virtually asking for a Deputy Inspector-General of Police (IGP) to -- [Interruption] -- These people may qualify as Regional Police Commanders in some regions, and we want such persons on a technical committee?
That is too high a senior officer to demand. If we are not careful, they would not even attend the meetings. The Hon Minister knows. I am speaking from experience. When we take high officials and expect them to attend these meetings, they would not, and then we would always lack the expertise that we demand from the police administration. Maybe, a rank below would do.
Mr Agyeman-Manu 5:51 p.m.
Mr Speaker, the police hierarchy has got their peculiar rankings. From IGP, one would come to Deputy IGP, to Commissioners, and then to Deputy Commissioners. So, if we go below Deputy Commissioners, then we would also be going too low to pick them. We have the Assistant Commissioner of Police (ACP) and the Deputy Chief of Police (DCOP). There are quite a large number of -- [Interruption] --
Mr K. S. Acheampong 5:51 p.m.
Mr Speaker, the ACP is not low. An ACP can be made an IGP, and it is a prerogative of the President. From ACP upwards, either of them can become the Inspector General of Police, so, the ACP is not low. But for instance, ACP is the directorate of the motor-traffic unit or department, so, I am sure --
Dr Twum-Nuamah 5:51 p.m.
Mr Speaker, we would amend the “Deputy Commissioner of Police (DCOP)” to “Assistant Commissioner of Police
(ACP)”.
Mr First Deputy Speaker 5:51 p.m.
There are a few more.
Dr Twum-Nuamah 5:51 p.m.
Mr Speaker, paragraph (j) would read:
“One representative of the Ghana Armed Forces not below the rank of a Colonel, nominated by the Chief of Defence Staff, Ghana Armed Forces.”
Mr Speaker, paragraph (k) also reads 5:51 p.m.
“One representative of the Ghana National Fire Service not below the rank of a Deputy Chief Fire Officer, nominated by the Chief Fire Officer. [Interruption] --
Mr Speaker, we would make it not below the rank of “Assistant Chief Fire Officer.”
Mr First Deputy Speaker 5:51 p.m.
Very well.
Alhaji Muntaka 6:01 p.m.
Mr Speaker, I would like to find out from the Hon Chairman when he says in paragraph (c) “medical educator”, would he define that? Also, in paragraph (f), he says “an emergency physician”, would he define that because these are not known titles. And in paragraph (j), he talks about “an emergency nurse”; would he define that too?
Mr First Deputy Speaker 6:01 p.m.
They are known, if we go to the accident and emergency unit, they are there.
Dr Twum-Nuamah 6:01 p.m.
Mr Speaker, they are known titles.
--[Pause] --
Mr K. S. Acheampong 6:01 p.m.
Mr Speaker, I would like to suggest that in the military for instance, I would advise we use a Lieutenant Colonel instead of a Colonel because mostly, the technical advisors that forms all
Dr Twum-Nuamah 6:01 p.m.
Mr Speaker, I agree; since we are bringing the others down, we could, under paragraph (j), delete “Colonel” and insert “Lieutenant Colonel”.
Question put and amendment agreed to.
Proposed new clause as amended, ordered to stand part of the Bill.
Mr First Deputy Speaker 6:01 p.m.
Hon Members, that brings us to the end of the Consideration Stage of the National Ambulance Service Bill, 2020 for today.
-- [Pause] --
Mr First Deputy Speaker 6:01 p.m.
Hon Minority Chief Whip, ask him in whose account it is.
Mr Kyei-Mensah-Bonsu 6:01 p.m.
Mr Speaker, we stood down the Third Reading of the Insurance Bill, 2020; can we take it now?
Mr First Deputy Speaker 6:01 p.m.
We have never called it today. It was suggested that it be called and you said we should go and come back but we have not stood it down.
Mr Kyei-Mensah-Bonsu 6:01 p.m.
Mr Speaker, it has been provided for in the Order Paper so; just that one and then, we adjourn the House. The item listed as 73 on the original Order Paper.
Mr First Deputy Speaker 6:01 p.m.
Yes, Hon Minority Chief Whip, it was supposed to be done before we went on the break. When we resumed, it was first to be called but I decided that since there was nobody on the Minority Side, I would defer the matter.
Alhaji Muntaka 6:01 p.m.
Mr Speaker, I only hope that that would be the last business for the day; Mr Speaker, I want your word on it.
Mr First Deputy Speaker 6:01 p.m.
I am supposed to a referee.
Alhaji Muntaka 6:01 p.m.
But we are exhausted.
Mr First Deputy Speaker 6:01 p.m.
Yes, I agree with you entirely on that. I am not well; I was thinking I was not going to Sit today but because the Second Deputy Speaker was not here, I was forced to Sit.
Hon Members, item numbered 73; Third Reading of the Insurance Bill, 2020 on the original Order Paper by the Hon Deputy Minister for Finance?
MOTIONS 6:01 p.m.
Mr Kyei-Mensah-Bonsu 6:01 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Dr A. A. Osei 6:01 p.m.
Mr Speaker, I beg to move, that the Insurance Bill, 2020 be taken through a Second Consideration Stage in respect of clause 30. The reason is that clause 30 as it is, was put in there as a general clause for bills that created the Fund so; we are only trying to make sure that they did not go the Fund to misuse
it. But there is no Fund in this Bill so; if we then amend it, the Insurance Commission would not have any place to do capex or any other expense apart from administrative so; it is wrong.
Mr Speaker, I beg to move, delete “administrative” so that all expenses can be charged from the source of funds so that it would be alright for them.
Mr Kwarteng 6:01 p.m.
Mr Speaker, I beg to second the Motion.
Mr First Deputy Speaker 6:01 p.m.
Hon Members, the Insurance Bill, 2020 at the Second Consideration Stage?
BILLS -- SECOND 6:11 a.m.
CONSIDERATION STAGE 6:11 a.m.
Dr Anthony Akoto Osei 6:11 a.m.
Mr Speaker, I beg to move, clause 30, line 1, delete “administrative”. The new rendition would read, “the expenses of the Commission shall be charged to the funds of the Commission”. This way, all the expenses would come under it.
Mr Kyei-Mensah-Bonsu 6:11 a.m.
Mr Speaker, I believe that in the context, “administrative” just means the
Dr A. A. Osei 6:11 a.m.
Mr Speaker, that is why I gave the example of capex. You can argue that salaries are administrative, I do not have a
problem with that but capex specifically cannot be called administrative. As it is, how do they purchase capex? In fact, if you go to the next page, they are asking us to bring the budget but it does not identify how that budget is going to be funded.
In this case, we want to make sure that their hands are not tied, so that all the expenses can be covered. This is because if you look at the sources, it will be sufficient to cover all their expenses, otherwise they would be in trouble.
Mr First Deputy Speaker 6:11 a.m.
Very well. I do not understand the Hon Majority Leader to be opposed to it. He feels that the interpretation - To be sure that nobody misinterprets it, I think that it would be helpful to delete “administrative”.
Question put and amendment agreed to.
Clause 30 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 6:11 a.m.
That brings us to the end of the Second Consideration of the Insurance Bill,
2020.
BILLS -- THIRD READING 6:11 a.m.
Mr First Deputy Speaker 6:11 a.m.
Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 6:11 a.m.
Mr Speaker, the Hon Chairman of the Committee on Education is indicating to me that they ought to have laid a document on page 8 of the original Order Paper. I think that it is item numbered 4 (c). So, he wants to present the Paper to the House. We could do just that and then take an adjournment.
Mr First Deputy Speaker 6:11 a.m.
Item numbered 4 (c), by the Chairman of the Committee on Education.
PAPERS 6:11 a.m.
Mr Kyei-Mensah-Bonsu 6:11 a.m.
Mr Speaker, the Hon Deputy Minister for Lands and Natural Resources says that they intend to present some Papers to us in the Order Paper Addendum.
Mr First Deputy Speaker 6:11 a.m.
When was this Addendum brought? At the time we were suspending Sitting, there was no such Addendum
2.
Mr Kyei-Mensah-Bonsu 6:11 a.m.
Mr Speaker, it is not Addendum 2 it in the first Addendum that came to us.
Mr First Deputy Speaker 6:11 a.m.
Does he want to lay all these Papers today? Where is the Hon Minister? Hon Majority Leader, we would do that tomorrow.
Mr Kyei-Mensah-Bonsu 6:11 a.m.
Mr Speaker, it has to be referred to the Committee and we are adjourning tomorrow. So, if you could make the referral today and they begin working on it. I know that we would certainly may not be able to deal with it tomorrow but maybe, when we come back on the 4th of January, 2020. We are just laying them and then you would make the necessary referrals.
Mr First Deputy Speaker 6:11 a.m.
We cannot add on to the pile of work that we must do tomorrow which is a lot. [Pause]
Mr Kyei-Mensah-Bonsu 6:11 a.m.
Mr Speaker, the Hon Chairman is indicating to me that the Committee had all these referred to them. I know that some people are looking at some other matters, even while in the Chamber, so, if I may? [Laughter]
Mr First Deputy Speaker 6:11 a.m.
Those people are willing to pay losing bonus.
Very well. I would admit the Committee's Report that has been done already. Wait, how many are they? Do you mean we would do all of them? Very well. We would just mention the item numbers.
PAPERS 6:21 p.m.
Mr First Deputy Speaker 6:21 p.m.
Hon Members, the papers are duly laid for distribution to Hon Members.
ADJOURNMENT 6:21 p.m.
  • The House was adjourned at 6.24 p.m. till Tuesday, 22nd December, 2020 at 10.00 a.m.