Debates of 30 Jun 2021

MR SPEAKER
PRAYERS 2:51 p.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 2:51 p.m.
Mr Speaker 2:51 p.m.
Hon Members, we would move straight to item numbered 4 on today's Order Paper - correction of Votes and Proceedings and the Official Report. We will start with the Votes and Proceedings of Tuesday, 29th June, 2021.
Page 1…2 --
rose
Mr Speaker 2:51 p.m.
Hon Members, a number of you are on your feet; what is the problem?
Page 2…10 --
Mr Musah Abdul-Aziz Ayaba 2:51 p.m.
Mr Speaker, I thank you.
Page 10, the item numbered 12; line 2: the expression “…in which he paid…”, Mr Speaker, I think ‘he' should be ‘she' because the sentence refers to Ms Zuwera Ibrahimah.
Mr Speaker 2:51 p.m.
Yes, Hon Member, you are right. Hon Zuwera Ibrahimah is a ‘she', not a ‘he'.
Page 11 --
Mr Samuel Okudzeto Ablakwa 2:51 p.m.
Mr Speaker, thank you very much. The item numbered 13 on page 11; the last line should be ‘knowledge'. It should read: “…groups with superior knowledge in cyberwarfare” not ‘…know-ledged…', the ‘d' should be deleted.
Mr Francis-Xavier Kojo Sosu 2:51 p.m.
Mr Speaker, I thank you very much.
I rose earlier to do a correction on page 10. I refer to paragraph 11. The Statement which was presented to the House yesterday described Mr Ibrahim Mohammed as a member of the #Fixthecountry Movement. There was nowhere in the Statement where he was referred to as a social media activist. So the records could be corrected to reflect what was presented before the House?
Mr Speaker 2:51 p.m.
I was not here when the Statement was made and so I would have to crosscheck from the Statement.
Mr Sosu 2:51 p.m.
Mr Speaker, I have a copy of the Statement.
Mr Speaker 2:51 p.m.
Do you have a copy?
Mr Sosu 2:51 p.m.
Yes, I do. The second paragraph of the Statement reads clearly that the late Ibrahim Mohammed was a member of the #Fixthecountry Movement.
Mr Speaker 2:51 p.m.
Table Office, kindly take note.
Dr Zanetor Agyeman- Rawlings 2:51 p.m.
Mr Speaker, I thank you very much. On page 11, the item numbered 13, the name is “Zanetor” - Z-a-n-e-t-o-r.
Mr Speaker 2:51 p.m.
Table Office please take note, this should be the last time.
Mr Farouk Umar Aliu Mahama 2:51 p.m.
Mr Speaker, thank you very much. On page 11, the item numbered 13, the last line reads:
“…groups with superior knowledged in cyberwarfare”.
There is an error with the spelling of ‘knowledge'.
Mr Speaker 2:51 p.m.
Hon Member, it has been corrected earlier.
Mr F. U. A. Mahama 2:51 p.m.
All right; thank you.
Mr Speaker 3:02 p.m.
I think the Hon Ablakwa drew our attention to it.
Page 12 … 21.
Hon Members, in the absence of any further corrections, the Votes and Proceedings of the Nineteenth Sitting of the Second Meeting of the First Session held on Tuesday, 29th June, 2021, as corrected, is hereby adopted as the true record of proceedings.
Hon Members, I have a copy of the Official Report of Friday, 28th May, 2021. Any corrections?
Mr Ablakwa 3:02 p.m.
Mr Speaker, on the cover page, the item numbered 2 under Statements is “National Health Insurance Authority's Reimbursement of Public Health Services at the Primary Health Care (PAC) Level”. It should be “PHC” and not “PAC”. The “PAC” looks like the Public Accounts Committee.
Mr Speaker 3:02 p.m.
Clerks-at-the- Table, take note.
Any other corrections?
Mr Frank Annoh-Dompreh 3:02 p.m.
Mr Speaker, if you may indulge me, the Hon Minister for Youth and Sports called that he was on his way here, but he had an emergency. If you may permit, we could jump to the next Urgent Question for the Hon Minister for Food and Agriculture while we wait for the Hon Minister for Youth and Sports.
Mr Speaker 3:02 p.m.
Your request is for us to abide by the time of the Hon Minister for Youth and Sports.
Mr Annoh-Dompreh 3:02 p.m.
Mr Speaker, with your kind indulgence, yes.
Mr Speaker 3:02 p.m.
Hon Members, particularly the Hon Member who is proposing the Question, the Hon Majority Chief Whip said the Hon
Minister is on the way and we should wait until he arrives. His appeal is for us to take the Question numbered 5(b) first while waiting on the Hon Minister. What do you have to say?
Mr Kobena Mensah Woyome 3:02 p.m.
Mr Speaker, you may direct on this.
Alhaji Mohammed-Mubarak Muntaka 3:02 p.m.
Mr Speaker, since we have other Questions, we would not mind taking them. Since the Hon Majority Chief Whip claims that the Hon Minister is on his way, I am sure by the time we are done with the other Questions, the Hon Minister should be here.
Mr Speaker 3:02 p.m.
Let it not be said anywhere that we sit at the pleasure of any Hon Minister. Yes, I will grant that because the Hon Majority Chief Whip added that there was an emergency; he did not elaborate on the nature of the emergency. That is the only thing that can convince me to exercise my discretion in his favour. If not, please, we cannot abide by the time of Hon Ministers.
We would move on to the Question numbered 5(b) which stands in the name of the Hon Member for Buem, Hon Kofi Iddie Adams. Hon Member, you may ask your Question now.
URGENT QUESTIONS 3:12 a.m.
MINISTRY OF FOOD AND 3:12 a.m.
AGRICULTURE 3:12 a.m.
Mr Kofi Iddie Adams (NDC -- Buem) 3:12 a.m.
Mr Speaker, I beg to ask the Hon Minister for Food and Agriculture whether COCOBOD's policy of hand pollination and pruning has been implemented and if so, what has been its impact on cocoa production?
Minister for Food and Agriculture (Dr Owusu Afriyie Akoto) 3:12 a.m.
Mr. Speaker, the cocoa industry in Ghana has an estimated value of over US$2.7 billion. The industry is the highest agricultural export earner, accounting for 20-25 per cent of total export earnings, and representing at least 3 per cent of Gross Domestic Product (GDP). The cocoa sector employs directly and indirectly, over 3 million people, and this translates into about 10 per cent of Ghana's population, making it the central pillar of the economy.
Pruning and hand pollination are part of the bigger picture initiatives and interventions dubbed productivity
enhancement programmes (PEPs) which COCOBOD introduced under the first Akufo-Addo led administration in 2017. Other PEPs are irrigation, rehabilitation or rejuvenation of diseased and moribund cocoa farms and mechanisation, which together were deployed to resuscitate, improve and sustain an inherited industry that was in systemic decline because of the deadly cocoa swollen shoot virus disease (CSSVD).
Mr Speaker, the PEPs are appropriate agronomic practices, and each and every programme has to be piloted as demonstration to farmers and to establish its viability and resilience. In the 2017/2018 crop year, 15,729 hectares of cocoa farms belonging to 39,000 farmers benefitted from pruning and hand pollination. COCOBOD engaged 10,000 youth pollinators to demonstrate the technique to farmers. That crop season, beneficiary farmers started seeing pod counts per tree in double digits and in hundreds as against counts in single digit and in tens.
Mr Speaker, in the ensuing two years, the demonstration exercise recruited 20,000 pollinators to teach the technique of artificial pollination in 31,377 hectares of cocoa farms for 78,444 farmers in 2018, and 27,890 pollinators in 60,196 hectares for
Mr Speaker 3:12 a.m.
Hon Member, any supplementary question?
Mr K. I. Adams 3:12 a.m.
Yes, Mr Speaker. From the data the Hon Minister provided this House, pruning and hand pollination have added to improving the productivity in our cocoa farms. Does his Ministry and COCOBOD intend to continue with this programme into this new crop season and pruning ongoing?
Dr Akoto 3:12 a.m.
Mr Speaker, this is precisely what this Government intends to do and for which we have raised US$600 million from the African Development Bank (AfDB) and a group of banks in Asia and Europe to revive the cocoa industry. It is only part of it.
There are other aspects that are not in the question but definitely, we intend to cover the whole industry which is nearly two million hectares of cocoa under cultivation. In the last year, we made fantastic progress as I have mentioned and we continue to do so until all cocoa under cultivation in this country are covered by these practices.
Mr K. I. Adams 3:12 a.m.
Mr Speaker, the Hon Minister said they want to continue and so gave an acreage that they have covered. I want to find out how many farms his Ministry together with COCOBOD, intends to cover for this year?
Dr Akoto 3:12 a.m.
Mr Speaker, I do not have those statistics but definitely, the objective is to cover all cocoa areas in this country. I have given the information on what has been done so far, and it is our intention to make sure that every cocoa farmer in Ghana benefits from these agronomic practices.
Mr K. I. Adams 3:12 a.m.
Mr Speaker, I do not think that the Hon Minister has answered my question. Is it that they would cover every farm this year or they would cover some farms this year? Per the budgeting process, what was estimated for pruning and pollination, the acreage they really intend to cover and the spread of this programme in all the cocoa regions?
Mr Speaker 3:12 a.m.
Hon Member, you are asking so many questions in one supplementary question. You have to choose one.
Mr K. I. Adams 3:12 a.m.
Mr Speaker, the Hon Minister has all the information and would be able to help the House and the farmers to also plan.
Mr Speaker 3:12 a.m.
We go by our rules, so if our rules do not permit, definitely, I would not. If there are too many from you alone, the right thing to do is to distribute them to your Colleagues, and they would do that on your behalf.
Mr K. I. Adams 3:12 a.m.
Mr Speaker, I would take a cue from that.
I want to find out this from the Hon Minister: how many more persons would be employed unto the Pruning and Hand Pollination Programme this year? Considering the season in which we find ourselves and the rain patterns, are we not too late in the pruning exercise?
Mr Speaker 3:12 a.m.
Hon Minister, I am told that you have all the answers, so you can make available all the answers to the good people of Ghana.
Dr Akoto 3:12 a.m.
Mr Speaker, I just churned out a whole lot of statistics and I think that I have overwhelmed the Hon Member with all the information that I have given. However, everything I have said goes to answer the question he is asking. If he wants me to repeat it, I can do so, but everything is there.
Mr Speaker 3:12 a.m.
Hon Ranking Member, help.
Mr Kwabena Mintah Akandoh 3:12 a.m.
Mr Speaker, will the Hon Minister admit that this policy or programme has not fully been rolled out and cannot be described as such because it is still at the pilot stage? More than 90 per cent of the cocoa farms in this country have not been captured under this Programme.
Mr Speaker 3:22 p.m.
Well, the question is that the programme is still at its pilot stage. Is that the case?
Dr Akoto 3:22 p.m.
Mr Speaker, in my presentation I said that we spent the last three years in the pilot stage and we rolled out the full scale in 2020 and it would continue until the areas under cocoa are covered.
Mr Speaker 3:22 p.m.
Could we move on to the first Urgent Question or the Hon Minister for Youth and Sports is not yet in the House?
Mr Annoh-Dompreh 3:22 p.m.
Mr Speaker, we may discharge the Hon Minister for Food and Agriculture.
Mr Speaker 3:22 p.m.
I just want to know before I discharge him. You do your work and leave the rest for me.
Is the Hon Minister for Youth and Sports in the House?
Mr Annoh-Dompreh 3:22 p.m.
Mr Speaker, he is not yet in the House but I am confident that he would be in, in a few minutes.
Mr Speaker 3:22 p.m.
Hon Minister for Food and Agriculture, you are discharged. Thank you so much for responding to the request of the House to answer the questions.
We would move to item numbered 6 -- Questions.
There is a Question in the name of the Hon Member for North Tongu, Mr Samuel Okudzeto Ablakwa.
Hon Member, you may ask your Question now.
ORAL ANSWERS TO 3:22 p.m.
QUESTIONS 3:22 p.m.
MINISTRY OF LANDS AND 3:22 p.m.
NATURAL RESOURCES 3:22 p.m.
Mr Samuel Okudzeto Ablakwa (NDC -- North Tongu) 3:22 p.m.
Mr Speaker, I beg to ask the Hon Minister for Lands and Natural Resources the legal and policy justification for the burning of excavators in the ongoing fight against illegal small scale mining (galamsey).
Mr Speaker 3:22 p.m.
Hon Minister, the Question is about “legal'' and you are not the Hon Minister for Justice and Attorney-General but since you are the Hon Minister for the sector, I am sure you would be capable of responding to the question.
Minister for Lands and Natural Resources (Mr Samuel Abdulai Jinapor) 3:22 p.m.
A. Introduction
Mr Speaker, at the outset, a recap of the background and history of small-scale mining in our country will give the House a much proper context and basis for Government's action, which will, hopefully, situate my answer in the most appropriate context of our current situation.
Mr Speaker, the issue of illegal mining and how to deal with it is historical and complex. Our history tells us that, in pre-colonial times, our forefathers were panning for gold, and the chiefs and people had absolute control over all minerals found on their lands.
Indeed, when the colonial government, through the Crown Lands Bill of 1894 and the Lands Bill of 1897, attempted to vest the power to grant mineral concessions to the Governor, the people rejected it
fiercely. The rejection of these Bills resulted in a compromise, which led to the passage of the first legislation that regulated mineral rights, the Concessions Ordinance (No. 14 of 1900). Under this Ordinance, citizens were still free to grant concessions to whoever they desired, subject only to customary laws on ownership of land.
After independence, however, and following the Report of the Commission of Inquiry into Concessions (The Boateng Commission), the Minerals Act of 1962 (Act 126) was passed, and, for the first time, vested all minerals in their natural state in the President, on behalf of the people of Ghana.
Whilst this has been the state of the law since 1962, it is not uncommon for people to give out their farm lands for purposes of mining, without recourse to government.
Throughout these years, however, and even after the Minerals Act of 1962 was repealed by the Minerals and Mining Law of 1986 (PNDCL 153), small-scale mining activities remained largely informal until 1989 when the Small-Scale Gold Mining Law of 1989 (PNDCL 218) was passed to regularise small scale mining, and to reserve it for citizens of Ghana. With the passage of the Minerals and Mining Act of 2006 (Act
Minister for Lands and Natural Resources (Mr Samuel Abdulai Jinapor) 3:32 p.m.


“Indeed, a person in possession of a valid licence but undertakes mining in water bodies or mines unlawfully in protected forest zones also commits an illegality”.

I am advised by the Hon Attorney- General that the action being taken by Government in this regard is within the remit of our laws. Again, like the President of the Republic said: “no rights can accrue to or flow from the criminal venture of galamsey”.

Mr Speaker, the principle of law, established by Lord Mansfield, CJ, as far back as 1775, in Holman v Johnson (1775) 1 Cowper's Reports 341 at 343, that “Ex turpi causa non oritur actio”, which literally means from a dishonourable cause an action does not arise.

This principle of law has been applied in a long line of cases in our country, including the case of Takoradi Flour Mills Ltd. v Samir Faris [2005 -- 2006] SCGLR 882, where in our apex court, the Supreme Court, speaking through the renowned Ansah JSC, it was held as follows:

“The law was settled that no one could found an action on an

illegal act…where the express words of a statute expressly proscribed or forbade a transaction, which a plaintiff sought to enforce, no court will lend its assistance or give effect to it.” (Mr Speaker, yet again, the emphasis is mine).

Mr Speaker, in addition to these acts being illegal and criminal, they are contrary to the duty of citizens, as enshrined in Article 41(k). This constitutional provision makes it abundantly clear that the enjoyment of rights is inseparable from the performance of the duty to protect the environment.

Indeed, again, the Supreme Court has on several occasions, beginning with the Attorney-General v Faroe Atlantic Co. Ltd. [2005--2006] SCGLR 271, through the Attorney General v Balkan Energy Ltd

2 SCGLR 998 to the Woyome, Waterville and Isofoton line of cases, held that no rights can accrue from an unconstitutional act.

In the recent case of Exton Cubic Ltd v Attorney-General and Others, delivered on 14th June, 2018, the High Court in Kumasi was emphatic that a person who used equipment illegally for mining was not entitled to any monetary compensation from the court.

Mr Speaker, I am not oblivious of the provisions of the Minerals and

Mining (Amendment) Act of 2020 (Act 995), which requires seizure of the equipment used for illegal mining, the successful prosecution of the people involved, before confiscation of the equipment and its eventual disposal by the Minister for Lands and Natural Resources.

It is my submission, however, that this law contemplates equipment that are easily retrievable, and which can conveniently be carried from their site to a safe place. The equipment being de-commissioned and/or de- mobilised however, are mostly found very deep in the forest, where they cannot be brought out without causing further damage to the forest; or found on water bodies which makes them nearly impossible to bring them out, without destroying the watercourse.

In addition to this, the illegal miners mostly remove the control boards from the machines, making them impossible to be moved.

Mr Speaker, under such conditions, in accordance with articles 34(1) and 36(9) of the 1992 Constitution, the law must be interpreted to protect and safeguard the national environment for posterity. Where it is impossible to remove such equipment, without causing further damage, appropriate measures needed to protect the environment

must be taken, and they are being taken.

Additionally, as I have sought to establish above, in any event, Act 995 ought to be purposively construed alongside the dictates of the Constitution and settled case laws, which will make the action of government legally justified. Furthermore, Act 995 seeks to prevent the use of equipment to mine that illegally and this is the same objective Government is intended to achieve.

Mr Speaker, I believe a reasonable police officer who comes face-to-face with a bomb, which is likely to go off, will demobilise it rather than retrieve it.

The decommissioning and/or demobilisation of equipment used for illegal mining are necessary measures that we have taken to protect and safeguard our national environment for posterity, in accordance with the sacred duty bestowed on Government by the framers of our national Constitution, under article 36(9). I will respectfully, but forcefully, contend that there is ample legal justification for the decommissioning of excavators illegally used to destroy our environment.

Mr Speaker, aside the issue of the illegality of the activities of these illegal miners, the determination is to
[Hear] [Hear]
Mr Speaker 3:32 p.m.
Hon Member, do you have any supplementary questions?
Mr Ablakwa 3:42 p.m.
Mr Speaker, I am most grateful and I thank the Hon Minister for providing the elaborate Answer to the House.
My first supplementary question is that I hold in my hands a judgment of the High Court of Ghana dated 13th August, 2020 with the Heritage Imperial Limited as Plaintiff, the Ministry of Lands and Natural Resources and the Attorney-General as the Defendants.
The Judge who presided is Samuel Obeng-Diawuo, sitting as Justice of the High Court. Mr Speaker, in this judgment, this same elaborate
STATE PROCEEDINGS ACT 3:42 p.m.
GIVEN UNDER MY HAND 3:42 p.m.
AND SEAL OF THE HIGH 3:42 p.m.
COURT OF JUSTICE AT KUMASI 3:42 p.m.
Mr Speaker 3:42 p.m.
I am trying to see how supplementary the question is. Because the main Question --
I see that the Hon Minister is itching to answer and so I would permit him to do so.
Mr S. A. Jinapor 3:42 p.m.
Mr Speaker, thank you. Mr Speaker, first of all, a direct answer to the question is that in my view, I do not think that the conduct of the Government would occasion a judgment debt. Mr Speaker, the case the Hon Member has cited is totally distinguishable and the argument I have sought to make
here is that I am very mindful of Act 995 it does not cease to operate.
Mr Speaker, respectfully, Act 995 is in respect of a clear case of excavators which have been retrieved and the fate of which is yet to be determined in terms of its illegality; whether or not the excavators were being used for an illegal mining would have to be determined; whether the persons who were using the excavators were involved in illegal mining is also to be determined.
This is why the law, pursuant to Act 995 is very clear that before the Hon Minister for Lands and Natural Resources can confiscate and allocate such excavators, he has to have a successful prosecution. It means that the matter as to whether or not the excavator and individuals are involved in illegalities is still at large.
Mr Speaker, the argument I have made is that in the case of Operation Halt, which is the matter that brought up this Question and which is the decommissioning of excavators, I am contending and submitting that the illegality is established and that was why I went to great lengths to explain the provisions that clearly proscribe the use of excavators for mining on water bodies.
Mr Ablakwa 3:52 p.m.
Mr Speaker, my second supplementary question is that the Hon Minister is telling this House that he would use an illegality to fight an illegality because Act 995 is very clear. Section 8 of Act 995 reads:
“Where a person is arrested for an offence under subsection (3), (5), (6) or (7), any equipment used in or associated with the commission of the offence and any product derived from commission of the offence shall, without regard to ownership of the equipment or product, be seized and kept in the custody of the police.
(9) A court that convicts a person for any offence under subsection (2), (3), (5), (6) or (7) shall, in addition to the penalty that the court may impose, order the forfeiture of the equipment or product seized under subsection (8) to the State.”
(10) The Minister shall, within sixty days after the
confiscation of the equipment or product, allocate the equipment or product to the appropriate State institution and publish in the Gazette the name of the State institution to which the equipment or product is allocated.
(11) In this section, “court” includes the Circuit Court.
Mr Speaker, this is the law which this House amended recently in 2019. Could the Hon Minister tell the House why he is not complying with Act 995?
Mr S. A. Jinapor 3:52 p.m.
Mr Speaker, let me very respectfully submit that Act 995 is subservient to the 1992 Constitution. Of course, the Constitution takes precedence over the Acts of Parliament, and there are senior lawyers here to attest to that. It is not in doubt that the Constitution takes precedence over Acts of Parliament. This is why article 11 of the 1992 Constitution says so.
Secondly, Mr Speaker, I have sought to explain but the Hon Member for North Tongu is not getting the distinction I am drawing. The distinction is that Act 995 becomes applicable when the
question of the illegality of the excavator or the operation in which the excavator is involved is still an issue.
I am submitting that pursuant to article 36 of the 1992 Constitution, which gives a duty to the Government to protect the environment for posterity is why I posed the questions of what an excavator would be doing on River Pra, unless I am told that there could be a possible legal determination as to whether or not an excavator which is found on a river body and mining is legal or not.
If this was to be the suggestion, I would concede, but it is my contention and submission that when an excavator is found on a water body mining, the question about its illegality or not is not an issue. Yes, there is a rebuttable presumption that it is not an issue.
Mr Speaker, finally, I am saying that ‘Operation Halt' is in respect of only water bodies and forest reserves. Therefore, Act 995 becomes applicable only when we are dealing with excavators outside the red zones, and pursuant to article 36 of the 1992 Constitution, the conduct of the Government to protect the environment for posterity is not in question and cannot be legally questioned.
Mr Ablakwa 3:52 p.m.
Mr Speaker, clearly, it is going to be raining judgement debts all over in our country. However, my final supplementary question is: Would the Hon Minister concede that we may be losing a golden opportunity with this decommissioning and demobilisation which are euphemism for burning excavators?
If we confiscate the excavators, we can identify the chassis numbers through a computerised system at the Driver and Vehicle Licensing Authority (DVLA) and the Customs Division of the Ghana Revenue Authority (GRA) and get to know the owners and those masterminding these illegal activities which we all accept that they are bad for our wellbeing and are thus destroying our country and existential threat.
We must be interested in going into this matter, getting to the bottom,
identifying the financiers and the overlords. So should the Hon Minster not be considering rather tracking the chassis numbers and letting that lead them through this computerised system that we now operate at the DVLA and the Customs Division of the GRA to get to those who own these equipment so that through this we can properly be fighting the illegal mining menace instead of this rout that they have opted for?
Mr Speaker 3:52 p.m.
The Hon Member has not asked any supplementary question. He has made a statement.
Yes, what is the supplementary question?
Mr Ablakwa 3:52 p.m.
Mr Speaker, I shall now ask the supplementary question after the statement. [Laughter]
Mr Speaker 3:52 p.m.
What is the supplementary question?
Mr Ablakwa 3:52 p.m.
Mr Speaker, the supplementary question is: Should the Ministry not be making use of the chassis numbers and be interested in the owners of the excavators? When they burn the machines, they lose the opportunity to track and get to the owners of the excavators so that they could sanction them severely.
The question is: Should the Ministry not be interested in the chassis numbers on the excavators so that we can get to the owners and deal with them? My question is clear.
Mr Speaker 3:52 p.m.
Hon Member, your question is not clear. [Laughter] Throughout the Answer, there was no occasion when there was reference to the particulars of the vehicles as to raise the issue of chassis numbers, ownership and those kinds of things.
This did not come up at all, and so I allowed you to make that long statement because I thought you were going to make a proper foundation and put across the supplementary question which you failed to do. Now you are just trying to inject something for the Hon Minister to respond to which does not arise from the Question and Answer on the Order Paper. So I would still give you the last chance. Try and manoeuvre your way out.
Mr Ablakwa 3:52 p.m.
Mr Speaker, I must admit that I am finding it difficult to understand the directive, but I would reframe the question. My Question is on legal and policy justification of the burning of
excavators. Flowing from that, I am asking a supplementary question whether with the burning of excavators, which the Hon Minister justifies, are we not losing an opportunity to identify the chassis numbers on this excavators so we can track and know the owners?
Mr Speaker 3:52 p.m.
Why are you not just talking about the ownership of the excavators but adding the chassis numbers and the rest? You do not need to go to that extent.
Mr Ablakwa 3:52 p.m.
Mr Speaker, I get you. Is the Hon Minister interested in the ownership of the excavators?
Mr Speaker 3:52 p.m.
Hon Minister, are you not interested in actually getting to know the owners of the excavators?
Mr S. A. Jinapor 3:52 p.m.
Mr Speaker, yes, we are interested. It is all part of the efforts we are making. In any event, when we decommission an excavator, you do not lose the chassis number. You can still find the chassis number. And so we are interested.
Mr Speaker 3:52 p.m.
There are eleven more people waiting to ask a supplementary question? Let me be soft and start with the lady.
Ms Laadi Ayii Ayamba 3:52 p.m.
Thank you, Mr Speaker. From the response of the Hon Minister, on page 8, first and second paragraphs where he enumerated the presence of excavators on certain rivers. He made it clear by stating that furthermore, the other parts of the excavators were removed, making them immobile.
The people who were doing the illegal mining would come back later on to work at night; why could his outfit or the teams that were going out there burning these excavators not wait and rather go to the site at the time that they have identified in the Answer to ensure that they arrest those who are doing the work instead of burning the excavators and letting them go? The people are still alive and can easily come back to do the work or get excavators from any other place to come and work.
Mr S. A. Jinapor 3:52 p.m.
Mr Speaker, first of all, we need to also ask ourselves the very important question as to why it is the case that this is just about the only time we are making such a big impact on illegal mining in our country since the 1980s?
In my view, the decommissioning of excavators has made some impact
and contribution to the situation we find ourselves in. My direct answer to the Hon Member is that we are not employing just one set of measures. The measures we are employing are multi-facetted. So we are interested in arresting the people who are involved in the mining.
There is a strategy to deal with those who mine in the night as well as the decommissioning of excavators. We found the decommissioning a very potent tool in dealing with illegal mining so that we can protect our environment and protect the existence of this country. That is the reason for the kind of activity that we are involved in. We are not dealing with it from one point, it is a multi-facetted approach.
Thank you, Mr Speaker.
Mr Mahama Ayariga 3:52 p.m.
Mr Speaker, the Question to the Hon Minister is to find out the legal and policy justification for the burning of excavators. He refers to burning as decommissioning. Burning is burning. So has it become the policy and legal justification for the burning of excavators?
When Government took a policy decision to confiscate after a legal determination, Government came to this Parliament and this Parliament
enacted the amendment to the Minerals and Mining Law to permit prosecution and seizure. So when we take another policy decision to burn excavators in water bodies, they are to come back and communicate that policy decision and have a law backing them to do that.
Mr S. A. Jinapor 3:52 p.m.
Mr Speaker, first of all, I used the term, “decommissioning” and I explained in my Answer that it simply means rendering the equipment in a state which it can no longer be used for the illegality it is involved in.
So the security services may burn, crush down or take whatever parts out of the machine. The most important thing is to demobilise it so that it can no longer be used for the illegality it is being used for. So that is the definition of “decommissioning”. How they go about it is left to the security services.
Mr Speaker, on the direct answer to the legal basis, I have gone great length to try and establish the legal basis for the action of Government but
of specific importance in my view, is to refer the House to page 4, paragraph 2 of the Answer I gave to the House, which is article 36 (9) of the 1992 Constitution:
“The State shall take appro- priate measures needed to protect and safeguard the national environment for posterity…”
Mr Speaker, I have already indicated that the Constitution prevails over a statute and therefore this is the legal basis upon which the Government is acting. We are taking appropriate measures by decommi- ssioning excavators to protect the national environment for posterity.
Thank you, Mr Speaker.
Dr Ayine 3:52 p.m.
Thank you, Mr Speaker.
Mr Speaker, does the Hon Minister understand that “appropriate measures” as used in article 36 of the 1992 Constitution include legislative measures such as Act 995?
Mr S. A. Jinapor 3:52 p.m.
Mr Speaker, first of all, if I may be permitted, when your law lecturer asks you a question on law, it is unfair. [Laughter.]
Mr Rockson-Nelson E. K. Dafeamekpor 3:52 p.m.
Mr Speaker, the Hon Minister, in his response to the second supplementary question by the Hon Member said that the illegalities of the persons who took the excavators to the site where they located them had been established. So my question is that is the Hon Minister aware that the determination of legality or illegality of an act lies with our courts and not the Executive? He is a lawyer and a good one.
Mr Speaker 4:12 p.m.
Hon Member, you are now going beyond the limits of Questions. I allowed it because this is a very important subject matter but
when you are asking of the opinion of an Hon Member -- when you go to Order 67, you would realise that you are asking of his opinion -- is he aware of a legal position? That is what you want to know and you said that you are a lawyer and he is also a lawyer. Now you are asking of his opinion on a legal issue.

That is under Order 67 -- it is not allowed. But he was trying to look at the issue of res ipsa loquitur.
Mr Dafeamekpor 4:12 p.m.
Mr Speaker, may I reframe?
Mr Speaker 4:12 p.m.
Yes, Hon Member.
Mr Dafeamekpor 4:12 p.m.
Mr Speaker, the Hon Minister in his Answer said they established the illegality of the act of taking the excavators to where they found them and burnt them. Would he be kind enough to tell the House the processes they used to establish the illegalities of where they located the excavators?
Mr Speaker 4:12 p.m.
Hon Members, I just told you that he is applying the principle of res ipsa liquitur -- Hon Member, your Hon Colleagues want the meaning of res ipsa liquitur.
Mr Dafeamekpor 4:12 p.m.
Mr Speaker, res ipsa liquitur simply means “a thing
speaks for itself”. What the Hon Minister is suggesting is that where they found the excavators spoke for itself to the effect that they were found in an illegal location.
But my question which is simply founded on that answer is that they should be able to tell this House -- this is the heart of the country and the people are interested -- the processes they used to establish the illegality of that act. There is a means to establish the res ipsa liquitur before a breach can be established.
Mr Speaker 4:12 p.m.
Yes, Hon Member for Madina?
Mr Francis-Xavier Sosu 4:12 p.m.
Mr Speaker, thank you for the opportunity.
Mr Speaker, since the decommi- ssioning or the burning of excavators are not expressly provided in the Minerals and Mining Act and its amendments, why did the Hon Minister not apply to the Court for an order to carry out those decommissioning or burnings?
Mr S. A. Jinapor 4:12 p.m.
Mr Speaker, as I said earlier, we are clothed under the provisions of our national Constitution. I also said that I have been advised by the Hon Attorney- General that the action of Government
is grounded in law. Therefore, I would not find it necessary to take the extra step of going to seek for a court order. I have been properly advised that the laws of our country sanctions the conduct of Government, and the conduct of Government is to protect our natural environment.
Our environment is being degraded. The entire southern part of our country is degraded; water bodies are being polluted. We may be importing water into our country. So, all of us should be interested in that, and Government should be encouraged to protect our environment or else, it will affect the very survival of our country. So, the conduct of Government should be applauded and encouraged so that we can protect our environment.
rose
Mr Speaker 4:12 p.m.
Yes, Hon Della Sowah?
Mrs D. Sowah 4:12 p.m.
Mr Speaker, the Hon Minister said they burnt the excavators because the parts were removed, so they could not move them. Yet, he said that they were burnt because they were used to mine in the water bodies. Can a parked excavator mine? --
Mr Speaker 4:12 p.m.
Hon Minister, the question is, can an excavator parked in water mine? -- [Laughter]
Mr Speaker 4:12 p.m.
Hon Minister, the River is not called “Birim” -- [Laughter]
Mr S. A. Jinapor 4:12 p.m.
Mr Speaker, that is Gonja phonetics -- [Laughter]
Mr Speaker 4:12 p.m.
Your Brothers who pride themselves with surviving through the water will tell you the proper name.
Hon Members, is Hon Atta Akyea here? Can you educate Hon Members on the proper pronunciation of the name of the river?
Mr Samuel Atta Akyea 4:12 p.m.
Mr Speaker, I am glad that you understand what we call “human pollution” and you would want us to get the name right. The name is “Birem” -- [Laughter]
rose
Mr Speaker 4:12 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 4:12 p.m.
Mr Speaker, unfortunately, the correct pronunciation of “Birem” or “Birim” will not be captured in the Hansard.
Mr Speaker 4:12 p.m.
Hon Members, the purpose for calling the former Minister to pronounce it is for the education, I did not say for it to be captured in the Hansard -- [Laughter] -- If you want to announce your presence, you may do so -- [Laughter.]
rose
Mr Speaker 4:12 p.m.
Yes, Hon Minority Leader?
Mr Haruna Iddrisu 4:22 p.m.
Mr Speaker, I have followed the Hon Minister's response to Hon Okudzeto Ablakwa's Question on the illegal justification for the burning of excavators in the fight against illegal mining.

Mr Speaker, the Hon Minister in his Answer has so heavily relied on article 36, the directive principles of State Policy. With your indulgence, may I refer him to article 34(1) upon which I shall premise my supplementary question.

“34 (1) The Directive Principles of State Policy contained in this Chapter shall guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties and other bodies and persons in applying or interpreting this Constitution or any other law

...”

Mr Speaker, further to the Answer of the Hon Minister, he found comfort and justification in article 36 as providing the legal basis for the burning of the excavators. I fail to see same. Mr Speaker, would the Hon Minister, in pursuit of the Directive Principles of State Policy, appreciating the public significance and the President's determination to fight illegal mining, come to this august House to request for legal backing by way of legislation to make burning of excavators lawful?
Mr S. A. Jinapor 4:22 p.m.
Mr Speaker, first of all, all I have sought to establish since I took the stand to answer this Question is, that there is ample legal justification for the conduct of Government. Thus, the answer to the Hon Minority Leader is that I find it unnecessary to come before this House for further legislation.
My point, and the case I have made all this while is that given the totality of laws, particularly the provisions of our Constitution, there is ample legal justification for the conduct of Government, and so, we do not have to come back here.
Mr Speaker 4:22 p.m.
Hon Minister, the heart of the Question is actually on the burning of excavators; your Answer dwelt more on decommissioning and demobilisation. Then you quoted a number of judgements. That is where your focus was, but not on the issue of burning of excavators, and so, you used general terms which you want to subsume burning as part. Actually, it was not focussed on burning.
I allowed this length of time because this is a very serious matter of public interest, and I myself would be heard on it sooner than later as to how we could fight together to stop the menace. I actually do not believe that this is the time you use the
URGENT QUESTIONS 4:32 a.m.
MINISTRY OF YOUTH 4:32 a.m.
AND SPORTS 4:32 a.m.
Mr Kobena Mensah Woyome (South Tongu) 4:32 a.m.
Mr Speaker, I beg to ask the Minister for Youth and Sports what steps the Ministry is taking to ensure that the country successfully hosts the All African Games in 2023, including the timelines for completing key tasks/activities leading to the event.
Minister for Youth and Sports (Mr Mustapha Ussif)(MP) 4:32 a.m.
Mr Speaker, before I answer the Question, let me apologise for my late response. I was to see the Ghana team that would leave this country this evening to represent us in Tokyo at the Olympic Games and I was called to the Presidency to bless them before they take off this evening. That was why I came in late. I am really sorry.
Mr Speaker 4:32 a.m.
Hon Minister, I told you earlier that your primary duty is to this House; His Excellency the President is your secondary duty and so you should not have mentioned him at all.
Mr Ussif 4:32 a.m.
Thank you so much.
1. Mr Speaker, In May 2018, the Ministry of Youth and Sports launched the bid for the right to host and organise the 13th African Games in 2023. Ghana was declared the winner among other competing countries including Egypt and Burkina Faso at the 3rd Specialised Technical Committee on Youth, Culture and Sports Meeting on 25th October, 2018 in Algiers, Algeria.
2. Immediately after Ghana won the right to host and organise the African Games, the Ministry of Youth and Sports constituted a Project Team to start the process leading to the hosting of the 13th African Games. An assessment of existing facilities was done and none was found suitable to host the Games. The plan was adopted to construct an Olympic Stadium Complex at Borteyman.
The Stadium Complex which was planned to be built on a 100-acre plot of land comprised a 50,000- Seater Stadium with a FIFA Standard Football Pitch and a World Athletic (WA) Standard Athletic Track; a Warm-up Athletic Track, a Gymnasium; two (2) multi-purpose Sports Halls; 8-lane Swimming Pool and an 8- lane Warm-up Swimming Pool; five (5) Tennis Courts including
a 1000-Seater Centre Court. For the purposes of sustainability, it is planned to transform the Stadium complex into a University of Sports for Development. This is to ensure that the sports facilities do not become a ‘white elephant' after the Games.
3. Unfortunately, this plan could not materialise due to the onset of COVID-19. Indeed, COVID-19 delayed the start of the procurement process for the construction of the required facilities for the Games.
COVID-19 also made it impossible pursuing the plans of inaugurating the LOC and more importantly signing the Host Country Protocol Agree- ment. It is significant to state that the Protocol Agreement is the Legal framework binding the African Union (AU) owners of the Games and the host nation (i.e. Ghana).
4. On the 12th of October 2020, His Excellency, Nana Addo Dankwa Akufo-Addo inaugurated a local organising committee (LOC) with the mandate to ensure the successful hosting and organisation of the All African Games in Ghana in 2023.
5. Due to the time constraints, various options were once again reviewed, including some that had been previously considered and discarded.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 4:36 a.m.
Yes, Hon Member, you may ask your follow up question.
Mr Woyome 4:36 a.m.
Mr Speaker, this event is one in which we would see 25 disciplines for which we have a Team Ghana for each. It requires some preparations and training, and it is possible that we would use the same team for the Olympic Games the following year in France.
Can the Hon Minister tell us the training and preparations taking place, and possibly, the cost that we are likely to incur in order to put a formidable team in place for the event? We need to host and win many of the events and possibly increase our medals and make a solid mark on the continent.
Mr Ussif 4:36 a.m.
Mr Speaker, the Local Organising Committee (LOC) has started engaging with all the federations to be able to select the Ghana Team that would be prepared to participate in the 25 sporting
disciplines that we would stage in 2023. This would enable us to host and win medals.
However, with the cost component, we are yet to submit the commercial agreement to Parliament, and once it comes, we would get a full picture of it. We do not have the cost component for the games because the LOCs are still engaging to come out with the total cost component. So, I do not want to commit now. The document would be put forward in due time.
Just yesterday, I made the protocol agreement, so the processes have started and whatever costs will be associated with hosting the 13th All African Games would be made public in this House. Parliament would have to approve the expenditure and so you would have the opportunity of seeing the cost.
Mr Woyome 4:36 a.m.
Mr Speaker, may I ask the Hon Minister, in terms of putting the team together whether are we leveraging on school sports in order for us to get a formidable team to represent us in 2023? Also, have the procurement processes began for various services?
Mr First Deputy Speaker 4:36 a.m.
Hon Member, you are entitled to one question at a time.
Mr Ussif 4:36 a.m.
Mr Speaker, a technical committee has been put in place at the ministerial level where the Ministry of Education, the Ghana Education Service, Ministry of Local Govern- ment, Decentralisation and Rural Development and other key stakeholders have put up strategic plans to revive schools and colleges sports.
The objective is to use that platform as an opportunity to form the Ghana Team. We are doing so in consultation with the LOC. So, the Hon Member should be rest assured that we would make sure that we go back to the basic level to be able to identify and harness the talents that would represent Ghana and win medals for us when we take part in the competition in 2023.
Mr Woyome 4:36 a.m.
Mr Speaker, this is the last one. Could the Hon Minister tell us whether they have begun some procurement processes leading to the services among others?
If not, when are we going to see all that?
Mr Ussif 4:42 p.m.
Mr Speaker, the LOC has submitted its budget which was captured in the Annual Budget Estimates that this House approved. So, on the LOCs level, yes, they have started procurement processes to make sure that they would be able to operate and have also formed their subcommittees to prepare themselves to form Team Ghana to represent the country. However, for the facilities that are required, the procurement processes has not yet started because we would need Cabinet and parliamentary approval.
Mr Speaker, before that would be done, we would need legal backing and I said in my Answer that the protocol agreement is the legal framework that would bind the country and also the AU. So, let us get that one out and very soon the commercial agreement would come to this House for us to kick start the process. However, we are on time to deliver the best ever African Games on the continent.
Mr Edward Nii Lantey Vanderpuye 4:42 p.m.
Mr Speaker, in analysing the various facilities that possibly would be constructed or upgraded in order to allow us to host these games, I never heard of anything in relation to accommodation which
is a very important aspect of hosting sports competitions of this calibre. When Ghana hosted the 2008 African Cup of Nations, we had to build new apartments to host the participants because there is a standard of accommodation that is required.
I would want to know from the Hon Minister if that was an oversight, then they could look at it because it is important they consider huge sport villages that could host these --
Mr First Deputy Speaker 4:42 p.m.
Hon Member, have you factored in accommodation in your preparation?
Mr Vanderpuye 4:42 p.m.
Mr Speaker, that was not mentioned at all.
Mr First Deputy Speaker 4:42 p.m.
Then you are running a commentary. Kindly ask your question again.
Mr Vanderpuye 4:42 p.m.
Mr Speaker, I want to ask the Hon Minister if they have made provisions for accommodation to host the athletes and the sports men who would be hosted for the All African Games?
Mr First Deputy Speaker 4:42 p.m.
How is that different from the question I asked you?
Mr Ussif 4:42 p.m.
Mr Speaker, yes, provision has been made and in my answer. I said that the University of Ghana would be the game's village. The Limann Hostel which has a capacity of over 5,000 facilities would be used to host the athletes and we have also made provisions for the technical officials and the coaches.
We would not build new facilities but we would leverage on the existing infrastructure. Borteyman is not far from the SSNIT Apartments, so we are in consultation with Social Security and National Insurance Trust (SSNIT) to ensure that those facilities could be used during the games.
Mr B. T. Baba 4:42 p.m.
Mr Speaker, I would like to know from the Hon Minister how much it would cost us to organise the games; he mentioned that it had been budgeted for already.
Mr Ussif 4:42 p.m.
Mr Speaker, in response to the Hon Member, I said that the LOC budget, which was GH¢50 million, was submitted and approved by this House but for the infrastructure and the facilities that would be used, I said the document for the procurement process would need Cabinet and parliamentary approvals. So whatever it is, it would come to this House and we would know the total cost.
Mr Ussif 4:42 p.m.
Mr Speaker, I would want to assure this House that two weeks ago, the African Union's (AU) Technical Committee was in Ghana and they called on the President. They also took the opportunity to visit all the various facilities that I mentioned in my Answer and they are satisfied that Ghana is capable of hosting the best ever All African Games.
Mr Avedzi 4:42 p.m.
Mr Speaker, I would want to find out from the Hon Minister if they have budgeted for all the activities that they would start this year towards the hosting, and if moneys would be made available for them to undertake those activities?
Mr Ussif 4:42 p.m.
Mr Speaker, a budget was submitted by the LOC to the Ministry of Finance and when the Budget Estimates were done this year, it was captured and approved. Currently, releases have been made to the LOC to get them to prepare and organise the games. However, on
infrastructure and facilities, procurement processes, commercial and financial agreements, they would come to this House for approval before they could be procured.
Mr Afenyo-Markin 4:42 p.m.
Mr Speaker, in the Hon Minister's Answer, he mentioned Winneba as one of the places with facilities. I would want to know what specific role the facilities in Winneba, the capital of Effutu, would play in this All African Games?
Mr Ussif 4:42 p.m.
Mr Speaker, I mentioned that an assessment was done on all existing sports facilities including the Winneba Sports College but after a careful study of all these facilities, the University of Ghana was selected as the games village for the tournament.
However, the Hon Member should be rest assured that the Government in the 2020 Manifesto made a commitment to Winneba to revive the Winneba Sports College and plans are far advanced in working on that.
Mr First Deputy Speaker 4:42 p.m.
Hon Minister, thank you for attending upon the House to answer the Question. You are discharged.
That brings us to the end of Question time.
At the Commencement of Public Business, item numbered 8 -- Presentation of Papers.
Mr Afenyo-Markin 4:52 p.m.
Mr Speaker, with your leave, may we proceed to item numbered 8 (d)?
PAPERS 4:52 p.m.
Mr Afenyo-Markin 4:52 p.m.
Mr Speaker, we may proceed to item numbered 8(g).
Mr First Deputy Speaker 4:52 p.m.
Very well.
Item numbered 8 (g) by the Hon Chairman of the Committee. Hon Deputy Majority Leader, move the Motion on my behalf.
I think the item numbered 8(g) is inappropriate because the Paper has
already been laid. What we should be doing is item numbered 9.
Mr Afenyo-Markin 4:52 p.m.
Mr Speaker, respectfully, we made a mistake. It should rather be item numbered 10 instead of the item numbered 8(g) and I apologise for that.
Mr First Deputy Speaker 4:52 p.m.
Hon Member, what about item numbered
9?
Mr Afenyo-Markin 4:52 p.m.
Mr Speaker, we will come to that; we are taking the item numbered 10 for the time being.
Mr First Deputy Speaker 4:52 p.m.
Item numbered 10, Motion.
MOTIONS 4:52 p.m.
Chairman of the Committee) 4:52 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed
Mr Peter Kwasi Nortsu-Kotoe 4:52 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 4:52 p.m.
Hon Majority Leader, kindly hold on. I am advised that our records show that the Report has not been laid yet. So, we may have taken one step ahead of time. Let us go back to item numbered 8 (g) and lay the Paper before we continue from there.
Item numbered 8 (g).
PAPERS 4:52 p.m.
Mr First Deputy Speaker 5:02 p.m.
Hon Member, kindly repeat item numbered 10.
MOTIONS 5:02 p.m.
Mr First Deputy Speaker 5:02 p.m.
Item numbered 11.
Proposed GETFund Distribution Formula
Deputy Majority Leader (Mr Alexander K. Afenyo-Markin) on behalf of the Chairman of the Committee): Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee of the Whole on the Proposed Formula for the Distribution of the Ghana Education Trust Fund (GETFund) for the Year 2021.
In so doing, I beg to present your Committee's Report.
1.0 Introduction
1.1 Pursuant to section 8 (2) of the Ghana Education Trust Fund's Act of 2000, (Act 581), the Proposed
Formula for the Distribution of moneys expected to accrue to the Ghana Education Trust Fund (GETFund) for the year 2021 was presented to Parliament on Tuesday, 22nd June, 2021 by the Hon Deputy Majority Leader, Mr Alexander Kwamena Afenyo-Markin on behalf of the Hon Majority Leader and Minister for Parliamentary Affairs, Mr Osei Kyei-Mensah-Bonsu. The Proposed Formula was subsequently referred to the Committee of the Whole for consideration and report.
1.2 The Committee met on Thursday, 24 th June, 2021 and considered the referral.
The Committee expresses its appreciation to the Hon Minister for Education, Dr Yaw Osei Adutwum, the Administrator of the Fund, Dr Richard Boadu and officials of the GETFund for attending upon the Committee.
2.0 Reference Documents
The Committee, in preparing its Report, availed itself of the following documents:
i. The Standing Orders of the House.
Mr First Deputy Speaker 5:02 p.m.
The Committee however noted that actual accrual to the Fund in year 2020 was one billion, eighty- two million, nine hundred and seventy-five thousand Ghana cedis (GH¢1,082,975,000.00). This represents a shortfall of one hundred and forty-five million, sixty-three thousand, four hundred and forty-eight Ghana cedis (GH¢145,063,448.00).
It further came to the attention of the Committee that as at December 2020, only six hundred and ninety- five million, four hundred and seventy thousand Ghana cedis (GH¢695,470,000.00) representing 64.22 per cent of GH¢1,082,975,000.00 that accrued to the Fund had been released to the Fund.
The Committee expressed concern about delays and non-releases of moneys to GETFund by the Ministry of Finance. Taking cognisance of the important role the Fund plays, particularly in the area of infrastructural development in the educational sector of the country, the Committee is of the view that delays and non-releases of funds to GETFund affects the timely settlement of claims by contractors and ultimately throws project completion schedules
and project costs out of gear, sometimes occasioning huge variations.
In order not to defeat the purpose for which GETFund was set up, the Committee urges the Ministry of Finance to ensure that moneys that are expected to accrue to the Fund for the execution of projects and programmes, and other commitments are fully released, and on time.
b. Servicing of GETFund's Debt
The Committee noted that an amount of six hundred and forty m i l l i on , fo u r hu n dr ed an d seventy thousand Ghana cedis (GH¢640,470,000.00) out of GH¢695,470,000.00 that was released to the Fund by the Ministry of Finance in year 2020, was used by GETFund to service part of its debt.
As at 31st December, 2020, the outstanding debt of the Fund stood at six hundred and one million, eight hundred and sixty-three thousand Ghana cedis (GH¢601,863,000.00). This includes arrears of seventy-six million, six hundred and six thousand, three hundred and forty-nine Ghana cedis (GH¢76,606,349.00) one hundred and thirty-seven million,
seven hundred and fifty-two thousand Ghana cedis (GH¢137,752,000.00) from years 2016 and 2019 respectively.
c. Major Projects Undertaken by the Fund in year 2020
In spite of the low releases of monies to the Fund in year 2020, the Committee noted that the Fund was able to undertake some major projects which are at various stages of completion. These include:
Construction and completion of academic facilities in public tertiary institutions;
Construction and rehabilitation of dormitories, classrooms, dining halls and other facilities in various Senior High Schools;
Construction and rehabilitation of basic school classroom blocks;
Construction of kindergarten facilities;
Provision of whiteboard and markers in some Senior High Schools;
Supply of classroom furniture as well as beds and mattresses to various schools;
Procurement of buses and pick- ups for schools and Agencies under the jurisdiction of the Ministry of Education; and
Procurement of Teaching and Learning materials for schools.
4.2 Securitisation of GETFund Receivables
In the year 2018, the House gave approval to the Ministries of Education and Finance to securitise a portion of GETFund receipts to raise a US$1.5 billion loan facility for the provision of educational infra- structure. The GETFund through the Ministry of Education, was to access the loan facility in three tranches of US$500 million over a period.
The Committee was informed that the Fund was only able to raise a total of GH¢1.122 billion out of an expected amount of GH¢2.3 billion (1st tranche of US$500 million) through the CAL Bank and Standard Chartered Bank (SCB) syndication and disbursed same in the year 2019. An additional GH¢445 million was raised from the CAL Bank syndication in the year 2020, thus bringing the total syndicated loans to GH¢1.567 billion.

092[MR AFENYO-MARKIN] [MR AFENYO-MARKIN]

According to GETFund, the inability of the syndication to raise the expected amount was attributed to the fact that the syndication was restricted to only banks, many of whom did not have sufficient funds to meet the single obligator limit set by the Bank of Ghana in respect of how much a single bank could contribute to the syndication. Furthermore, the terms did not appear attractive enough to many banks.

To overcome the above challenges and to extend the borrowing capacity of GETFund, the Board of Trustees of the Fund established a Special Purpose Vehicle (SPV) -- Daakye Trust PLC (Daakye) to enable the Fund raise the additional funds through bonds and to consolidate the Fund's borrowings into a single debt structure.

The Committee expressed concern about the fact that GETFund failed to seek approval from the House when it decided to enter into a Bond Programme. The Committee is of the view that the creation of Daakye to administer the Bond Programme, serving as intermediary between GETFund and contractors for payments of GETFund commitments to contractors, runs contrary to the

GETFund Act which requires GETFund to utilise its accrued inflows to pay its commitments directly to its debtors without an intermediary.

In response to this concern, GETFund indicated that the SPV was an integral part of the prospectus approved by the Securities and Exchange Commission, and had the objective of creating the needed investor confidence for the success of the programme.

In addition, the arrangement was underlined by the fact that GETFund as an institution did not have the requisite expertise to manage the bond issuance and debt servicing processes, and therefore required an intermediary entity for that purpose.

4.3 GETFund Bond Programme

As indicated earlier, the inability of GETFund to raise the required amount through the securitisation of a portion of GETFund receipts, necessitated the establishment of Daakye to secure an amount of GH¢5.5 billion Bond Programme to issue cash and to convert the syndicated loans into the Bond Programme. As at the end of December, 2020, the Bond Programme had issued GH¢1.392

billion in bonds which have been listed on the Ghana Fixed Income Market.

According to GETFund, the bond was issued through a 7-year Fixed Rate Bond and a 10-Year Fixed Rate Bond. Through the Bond Programme, GETFund was able to raise an additional amount of GH¢259 million from a pool of investors, including individuals and local institutions. Part of this amount was utilised to re- finance the syndicated loan, which had a rather tight repayment schedule.

GETFund further informed the Committee that following the refinancing of the syndicated loans, an amount of GH¢443 million was freed up from the Debt Service Account and was immediately transferred to the SPV for disbursement to contractors. The Bond Programme enabled GETFund to achieve a number of outcomes including the following:

Reduced Debt Service Coverage Ratio from 1.5 x and 2x under the terms of the syndicated loans to 1.25x;

Extended the principal amortisation period from the 2nd year of the syndicated loans to the 5th year of Tranche 1 and the 8th year of Tranche 2 issued under the Bond programme, thus reducing the payment burden on GETFund cash flows in the early years; and

Reasonably budget for its commitments and debt service requirements during the tenure of its liability in view of the application of fixed interest rate structure for the bonds, as compared to the variable interest rate for the syndicated loans.

Table 2 shows the pricing of the GETFund Bonds as compared to the syndicated loans and other alternatives. Table 2 is depicted at the top of the page that follows.
Mr First Deputy Speaker 5:02 p.m.


of about 40 per cent. In order to mitigate this high variation, and particularly make funds readily available for completion of projects on schedule, GETFund considered it more cost effective to raise the requisite funds from the capital market at an average lending rate of 20.5 per cent as depicted in Table 2; (which is shown at the top of column 093).

GETFund indicated that borrowing at the rate of 20.5 per cent to fund its projects within schedule was a far cheaper option as it eventually reduces the average project variation cost from 40 per cent to about 20.5 per cent.

4.12 Amendment of Act 581

The Committee observed the need to amend the GETFund Act of 2000 (Act 581) to enable the Fund perform more efficiently. The Committee is of the opinion that the membership of the Board of Trustees of the Fund, comprising seventeen (17) persons (as provided in Section 6 of Act 581) is too large and must be reviewed.

The Committee noted that the Distribution Formula of the Fund focuses on the promotion of the study of mathematics, science and technology as well as computer, vocational and technical education

and training. The Committee recommends that the amendment of Act 581 should also make provision for GETFund to expand its coverage to cater for the study and promotion of engineering in view of its high relevance to national development.

5.0 Conclusion

Undoubtedly, GETFund plays an important role in the development of education in the country. The Committee, having examined the Distribution Formula of expected inflows into the Fund for the year 2021, noted that the GETFund Distribution Formula across the various levels of education is in line with Government's objective of improving access, equity and quality educational delivery through the provision of requisite infrastructure and facilities.

The Distribution Formula takes into account, the promotion of the study of mathematics, science and technology, and the promotion of female education, the promotion of computer, vocational and technical education and training, as well as equitable allocation of funds to the Districts at the Pre-Tertiary level of education.

In the light of the above, the Committee recommends to the House to approve the 2021 year GETFund

Distribution Formula in respect of an amount of one billion, four hundred and forty-two million, seven hundred and ninety-six thousand Ghana cedis (GH¢1,442,796,000.00) for the 2021 fiscal year.

Respectfully submitted.
Mr First Deputy Speaker 5:02 p.m.
Hon Members, before I give the Floor to the Hon Ranking Member to second the Motion, the Hon Deputy Minister for Finance, Mrs Abena Osei-Asare, has drawn my attention to some matters she wants to raise on the Report. So, I would grant her leave to make those comments before we proceed.
Mrs Abena Osei-Asare 5:02 p.m.
Mr Speaker, it would be on the Report on the NHIA and not the GETFund.
Mr First Deputy Speaker 5:02 p.m.
Very well.
Hon Ranking Member, you now have the Floor.
Ranking Member of the Committee (Mr Peter Nortsu- Kotoe): Mr Speaker, I beg to second the Motion on the floor of the House and in so doing, I am quite aware that every Hon Member was at the Committee of the Whole and a number of issues were discussed.
Mr Speaker, at the Committee level, I pointed out that it is important and necessary that when we are discussing the Formula for statutory institutions like the GETFund, the Hon Minister for Finance should be present. So that he can listen to some of the concerns that are raised as far as these Funds are concerned, especially with the issue of the de- capping that we want the Ministry of Finance and Government to do, so that enough money could be given to the institutions to run their affairs.
Mr Speaker, but for the capping, I am sure GETFund would have been receiving a minimum of about GH¢2.1 billion every year. However, the capping has reduced it to about GH¢1.4 billion and many a time not all of this amount is released to them.
Mr Speaker, as we speak now, the releases for 2020 are still in arrears of GH¢145 million and we cannot tell how soon the Ministry of Finance would release that money to GETFund for their activities. Mr Speaker, so it is important for the Hon Minister to attend such meetings of the Committee of the Whole.
Mr Speaker, it is also important that this House makes the necessary provision or moves a Motion to ask the Ministry of Finance to de-cap the GETFund because there is burden on
Mr First Deputy Speaker 5:12 p.m.
Very well.
Question proposed.
Mr Casseil A. B. Forson (NDC -- Ajumako/Anyan/Essiam) 5:12 p.m.
Mr Speaker, thank you.
I rise to speak to the Motion and to say that I am disturbed because the GETFund is no longer sustainable. Mr Speaker, according to Table 4 on page 10 of the Committee's Report, the GETFund would be using 60 per cent of the amount that would accrue to the Fund to service debts.
Mr Speaker, this has become possible because in the last Parliament, you would recall that Government took a decision to borrow some amount of money, using GETFund receivables. We have been informed that, so far, the Government of Ghana (GoG) has borrowed money amounting to GH¢1.392 billion in bonds.
Mr Speaker, one of the conditions that was made available to us at the time we were debating this very loan agreement was that GETFund
receivables would no longer be capped by the Ministry of Finance. Sadly, GETFund, in the last four years has been capped to the tune of GH¢4.5 billion, yet, Government had come to Parliament to inform all of us that going forward, they would not cap GETFund receivables, yet, this very same Government has been coming before us, capping the GETFund receivables.
Mr Speaker, this is why today we are confronted with the situation that out of the total amount of GH¢1.4 billion what would be made available to the GETFund, is an amount of GH¢866 million which would be used for the purposes of paying GETFund's debts. This is not acceptable. If we are to allow this to continue, in the very near future, GETFund would end up using their entire accruals they are supposed to receive from the very tax the ordinary Ghanaian pays to build infrastructure in secondary and tertiary education institutions in servicing debts.
Mr Speaker, this is why for me, I think that this honourable House should reject this formula and ask the GETFund to go back and redo the formula. We cannot continue allowing the GETFund to use the amount they are supposed to use for the purposes of improving on our educational
infrastructure to pay debts. This is not what the policy says.
Mr Speaker, the policy was clear that they would allow the GETFund to borrow and that going forward, they would not be part of Earmarked Funds Capping and Realignment Act.
Mr Speaker, the Government is trying to have its own cake and eat it in the sense that this is the very Government that said they would not cap GETFund's Receivables but so far has capped in excess of GH¢4.5 billion, yet they say the GETFund should borrow an amount of GH¢1.3 billion.
Mr Speaker, today, the GETFund is collapsing. It is completely collapsing. I would not be surprised that at the end of the term of this very Administration, the GETFund would collapse. The rate at which we are running down the GETFund is sad, and we as Members of Parliament should object and vote against this formula because it is really bad.
Thank you, Mr Speaker.
Mr First Deputy Speaker 5:12 p.m.
Yes, Hon Minority Leader?
Minority Leader (Mr Haruna Iddrisu) 5:12 p.m.
Mr Speaker, thank you for the opportunity to contribute to the Motion.
Mr First Deputy Speaker 5:22 p.m.
Hon Minority Leader, kindly hold on.
Yes, Hon Deputy Majority Leader?

Mr Alexander K. Afenyo- Markin -- On a point of order -- Mr Speaker, ordinarily, I would not rise on a point of order against the Hon Minority Leader, but it is necessary on this occasion for this to be done.
Mr First Deputy Speaker 5:22 p.m.
Hon Member, I thought you are going to speak after him? If you are not raising an objection based on the Standing Orders, after that you can make all your point?
Mr Afenyo-Markin 5:22 p.m.
Mr Speaker, if that is your pleasure, I yield.
Mr First Deputy Speaker 5:22 p.m.
Hon Minority Leader, please, conclude?
Mr H. Iddrisu 5:22 p.m.
Mr Speaker, I was concluding but with your indulgence now, let me just quote this for the records; with permmission page 6 states:
“To overcome the above challenges and to extend the borrowing capacity of GETFund, the Board of Trustees of the Fund established a Special Purpose Vehicle
(SPV)…”
Mr Speaker, this Parliament is demanding, and we are doing it through you that we want to see the minutes of the GETFund Board, which approved this and to give us reason why the GETFund Board could not play their primary role but chose to cede this function to a Special Purpose Vehicle called Daakye?
Mr Speaker, probably, the Hon Deputy Majority Leader should get my argument right. I am simply saying that we have a GETFund Board and GETFund Administrator -- the Constitution and the law provides that they should come to Parliament with a formula. Government is not satisfied with these three important structures including Parliament; not the GETFund Board, not the Administrator and we want a Daakye.
If he wants to appreciate the harm of Daakye, let me refer him to a Table. I just came to the Table and there is this worrying trend. I flipped to page 14, Bond Expenses is 13.8 million, which can build E-blocks. It can build basic schools. It can build
dormitories. They want to borrow and they were borrowing against a standing asset.
GETFund has an asset; two and half per cent VAT receivable. So the two and half per cent is an inelastic demand. So every consumer buying is paying for it. So why do we need Daakye to stand in between GETFund and the Board? Mr Speaker, it can only be an action for loot and share opportunities. It must stop.
So, Mr Speaker, finally, this House must sit up. We have allowed this to happen. On the same Table, it is stated that for model schools there is 80 million. Which model school? No detail is provided. Is it a school in Bekwai, Birim, Adansi Asokwa or is it a school in Okaikwei that in the exercise of oversight I would know that this 80 million, part is going to a particular initiative? This is acquiescence on the part of this Parliament.
We are sleeping on this mandate. How do we exercise oversight over just wholesale amounts? Take 80 million for model schools and then it comes. On tertiary projects, new interventions it does not tell us whether it is UDS, Appiah-Minkah University or Dombo University; it does not. It
just says, “tertiary projects”. They must come with elaborate programmes and projects and what they intend to do with money going into tertiary education. So if the Committee on Education visits Dombo University tomorrow, then they can assess a hostel or an academy facility being built. They are just given blanket check. I find that very worrying.
Mr Speaker, T-VET equipment and T-VET centres. I am aware that President Nana Addo Dankwa Akufo-Addo came to this House and in a State of the Nation Address -- the largest ever investment in TVET was to borrow. First was US$200 million. It was increased upon. So why are they spending when they took a loan to finance TVET equipment and TVET centres? We should know so that we are not going to duplicate the expenditure. For instance, the schools that the loan covers should be made known to us so that they do not go and spend this money on those other sides.
Mr Speaker, finally, laptops for teachers costs 150 million. Which category of teachers? Let us know. Are they tertiary, secondary or basic schools? This cannot cover the entire teacher population anyway. Even in providing laptops, must we not subsidise it for them? Must it just be
Mr Alexander K. Afenyo- Markin (NPP -- Effutu) 5:22 p.m.
Mr Speaker, thank you for the opportunity to conclude the debate on this Motion.
Mr Speaker, in 2017 when the NPP assumed office, the issue of contractors, suppliers complaining in the educational sector came up Ghanaian contractors borrowed to construct schools and borrowed to supply. There were mounting certificates at GETFund. In this very House, Hon Members expressed concern. The issues being raised are legitimate but I want to pose one question. If we should proceed on the
traditional approach -- wait to accumulate and pay, Ghanaian contractors would suffer. They would work and the inflows would have to be allocated before they are paid.
So in this very House, when the issues were raised, government decided to find an alternative way and that alternative way would also cost. GETFund is not an expert in financial sector management. Therefore, there is the need to have a special purpose vehicle, experts who understand the financial sector.
Mr Speaker, it is not regular borrowing from the banks. It is the issuing of bonds and I know my Hon Colleague, Mr Ato Forson, who has been Finance Minister before knows the difference between direct borrowing and issuing of bonds for the purposes of raising funds. There is a difference.
Mr Speaker, all that I am saying is that if we want to revert to the old ways of paying contractors and suppliers, we should do so as a Parliament. If we want to encourage them to raise money to pay contractors ahead of time so that their certificates would not delay [Interruption] -- This is a government that is looking at helping the private sector. Hon Haruna Iddrisu raises a legitimate point. There is debt
because they had to borrow to pay contractors. That aspect must be well-echoed and that is all I contend in this conclusion.
Mr Speaker, there is no syphoning of public funds. What government is doing is to save the private sector so that our constituents who are entrepreneurs -- the business men in this country who are doing business with GETFund -- when they go to the bank to raise money, they know that when they work, their certificates would not take years.
We know the number of people who are frustrated. People go and work. Even at Road Fund, Ghana Highway Authority, Ministry of Roads and Highways -- people work and they say they are chasing certificates because Government is waiting for moneys to come in before they are paid. These frustrations are well- known by us. So Mr Speaker, I hold the view that the smart borrowing approach should pay. These funds are to pay contractors.
Mr Speaker, they are saying that I am saying Hon Seth Terkpeh's words. Well, I used them ‘smart borrowing' to pay, and that is the main thing. We borrow to pay ahead instead of waiting. There would obviously be
some cost. If we take a facility from the bank, we would be charged.
rose
Mr First Deputy Speaker 5:32 p.m.
Hon Deputy Majority Leader, hold on.
Mr Forson 5:32 p.m.
Mr Speaker, on a point of order.
Mr Speaker, the Hon Deputy Majority Leader is misleading the House. He made a categorical statement that the chunk of the Bond was used to pay contractors.
Mr Speaker, I would refer you to page 14 of the Committee's Report, on Table 5, which shows the proposed utilisation of Bonds proceeds in the year 2021. It shows that ongoing projects and arrears are GH¢60 million out of the GH¢1.1 billion. So, only GH¢60 million which represents 5.45 per cent of the total borrowing cannot be the case. They are borrowing, from all what I see here, is for ‘chop chop'.
Mr First Deputy Speaker 5:32 p.m.
Hon Member, you are out of order. Hon Deputy Majority Leader, please proceed.
Mr Afenyo-Markin 5:32 p.m.
Mr Speaker, for emphasis, the Table even arrests his contention the more.
Mr Speaker, ‘for model schools, GH¢80 million would be spent'. These are services. “Basic school projects” will be done by Ghanaians and it will help the private sector. The next one is “Tertiary Projects -- New intervention”. We are complaining, the Free Senior High School Programme is getting more students to the tertiary level, and there is allocation of funds for that purpose. There is nothing like ‘chop chop', with the greatest respect.
Mr Speaker, on “TVET equipment and centres”, we know the challenges; the many unfortunate ones who are unable to go through the main stream need to be supported. In my own constituency, I have seen facilities, infrastructure and equipment, and it is giving hope. So, there can never ever be an issue of ‘chop chop'. The issues have been itemised. “Laboratory equipment, teaching and learning materials and laptops for teachers”.
Mr Speaker, to the Hon Members here, do we not get numerous calls from our teachers that they need laptops? They tell us that they are tired of the manual way of researching. So, if Government would make this kind of intervention -- we would
remember that some eight (8) years ago, even the National Democratic Congress (NDC) Administration attempted the distribution of laptops to teachers and students through a Ghanaian entrepreneur. This is a laudable initiative, and my Hon Colleague Ato Forson knows that. I therefore think that it is wrong for him to use the word ‘chop chop'.
Mr Speaker, on this note, I conclude on this debate and pray that just as Hon Haruna Iddrisu has said, we should support this Motion to pass it, so that GETFund can continue to do its good works.
Question put and motion agreed to.
Resolved Accordingly.
Mr First Deputy Speaker 5:32 p.m.
Hon Members, item numbered 9 -- Hon Deputy Majority Leader, you may please move the Motion.
Proposed NHIF Disbursement Formula
Deputy Majority Leader (Mr Alexander Kwamena Afenyo- Markin) on behalf of (the
Chairman of the Committee) 5:32 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Committee of the Whole on the
Proposed Formula for the Disbursement of the National Health Insurance for the year 2021.
1.0 Introduction
1.1 On Thursday, 10th June, 2021, the Proposed Formula for the disbursement of the National Health Insurance Fund for 2021 was presented to Parliament in accordance with the Standing Orders of the House and Article 103 (3) of the 1992 Constitution of the Republic of Ghana, the Formula was referred to the Committee of the Whole for consideration and report.
2.0 Reference Documents
2.1 The Committee during its deliberations referred to the following:
i. The 1992 Constitution of the Republic of Ghana.
ii. The Standing Orders of the House.
iii. The National Health Insurance Act of 2012 (Act 852) as amended by the National Health Insurance (Amendment) Act of 2015 (Act 888).
iv. The National Insurance Act of 2006 (Act 724).
v. The Formula for the Disbursement of the National Health Insurance Fund for
2020.
vi. The Report of the Committee of the Whole on the Formula for the Disbursement of the National Health Insurance Fund for 2020.
3.0 Acknowledgement
3.1 In attendance at the Committee's deliberations were Dr. Lydia Dsane-Selby, Chief Executive Officer, National Health Insurance Authority (NHIA), Mr. Francis Owusu, Deputy Chief Executive, Finance and Investments, NHIA, Mr. Ahmed Imoro, Director for Finance,
NHIA.
4.0 Background
4.1 The Government of Ghana through the Ghana Poverty Reduction Strategy (GPRS) planned its policy strategies of the essential components of the GPRS. One of the strategies was aimed at delivering accessible and affordable healthcare to all residents in Ghana, especially the poor and vulnerable.
In achieving the objective of universal health care, the National Health Insurance Scheme (NHIS)
Chairman of the Committee) 5:42 p.m.
Mr Speaker, another issue that is of utmost concern to everybody is the issue of capping. In this era of COVID-19, we expect that we pump more money into the health sector. We are capping the NHIF with an amount of GH¢1.2 billion. This money can build thousands of CHIP compounds.
The expected revenue to be generated in 2021 as far as this Scheme is concerned is around GH¢3 billion, and the money that has been earmarked for disbursement of the NHIS is around GH¢1.9 billion. So, the gap is around GH¢1.1 billion. This money can build not less than 28 hospitals in this country.
Mr Speaker, we think that if we are not looking for money from elsewhere to pump into the NHIS or the health sector, we must stop capping the NHIS. Sometimes, I wonder if the Executive or the Scheme takes this House seriously at all. This is because consistently -- you can check the Hansards -- we have argued on this Floor that indeed, the NHIF must be capped, but they always come back to us capping huge sums of money from the Fund.
Mr Speaker, another issue in the scheme of things in the NHIS is that the private health providers are
supposed to pay their Social Security and National Insurance Trust (SSNIT) contributions or that of our employee's contributions to SSNIT.

Mr Speaker, because they are not paid on time, they are almost always late in paying those contributions, and they pay penalties to the effect that they pay their contributions late. Therefore, it must be looked at, and ironed out because it is another Government institution, and they do not need to suffer in that manner.

Mr Speaker, if you look at the National Health Insurance allocation formula for the 2021, you would realise that on page 9, Table 4.3.2 since 2018, the difference of money -- for example, the reported collection against actual release from the Ministry of Finance and Economic Planning is that in 2018, the reported collection was about GH¢1.57 billion and only GH¢506 million was released to the Fund.

Again, in 2019, per the formula, about GH¢1.26 billion was collected, and only GH¢721 million was released to the Fund. Mr Speaker, in 2020, about GH¢2.3 billon was collected from the taxpayer, and only GH¢790 million was released.

Mr Speaker, if this trend continues, we would collapse NHIS. By the law governing the NHIS, the Minister for Finance is supposed to report to this House as and when the money collected is paid to the NHIF so that we would not have delays in the payment of service providers.

Mr Speaker, with these few words, I support the Motion.

Question proposed.
Mrs Elizabeth Ofosu-Adjare (NDC -- Techiman North) 5:42 p.m.
Thank you, Mr Speaker, for the opportunity to contribute to the Motion for the adoption of the Report on the Floor.
Mr Speaker, a minute's walk down the memory lane would make my simple point very useful. It would be recalled that one of the strategies of Government to reduce poverty was to provide healthcare for all persons living in Ghana, especially the poor and vulnerable, and this gave birth to Act 650 of 2003. Mr Speaker, the law also provided the source of funding as per section 40(1)(i) the National Health Insurance levy and is arguably the biggest source of funding for the NHIS.
It would be recalled that section 52 of Act 852 makes it clear that the Minister responsible for Finance
should make it a point to pay all moneys collected 30 days after the collection of the levy to be paid directly to the Fund and to notify the Minister of Health and the Authority.
Mr Speaker, a quick look at the Report shows clearly that even though the Ministry of Finance is supposed to pay GH¢2.33 billion, as of 2020, only GH¢790.29 million had been paid. Even if the Ministry says that it had paid more than GH¢790 million, it must pay GH¢2.33 billion as stipulated by the law because the law is so clear per section 52 of Act 852.
Mr Speaker, as has been stated, this actually worries owners of private health facilities a lot, because it leads them to breach section 63 of Act 766, the National Pensions Act of 2008. That Act mandates them to pay within 14 days after the end of each month to the Trust. If they fail to do that, section 64 is there as their penalty because it says that a sum equal to per centum is required of persons who violate section 63 of Act 766.
Mr Speaker, my reason for walking down memory lane is to remind this honourable House that the essence of NHIS is to help the poor and vulnerable, and if the Ministry of Finance keeps delaying payment into the Fund, and the Authority is unable to pay these private health workers, the health needs of our poor and
Mrs Elizabeth Ofosu-Adjare (NDC -- Techiman North) 5:42 p.m.
vulnerable would be compromised contrary to the very reason this Authority was set up.
We therefore pray that this honourable House would actually insist on section 52(2) which mandates the Minister for Finance to come to this House every six months. I am sure once we insist on that, the Hon Minister for Finance would pay the NHIA on time so that the health needs of our poor and vulnerable would be taken care of.

Deputy Minister for Finance (Mrs Abena Osei-Asare) (MP): Mr Speaker, I beg to support the Motion on the Floor. Before I do so, I just want to include certain comments that were made during the Committee of the Whole which is not captured in the Report.

Mr Speaker, I remember the issue of the total collection versus what actually goes to NHIA came up. We mentioned that the difference between the collection and what is voted in the Budget Statement is the capping amount. Thus, in us looking at the total amount of money that goes to NHIA, we should not look at the collection,

but the Budget Statement and what was appropriated. That is what is used when Government pays moneys to NHIA. That is missing from the Report.

Mr Speaker, in the first paragraph on page 6 of the Report, we also mentioned, and the NHIA also confirmed, that GH¢790 million is not the total amount of money Government gave to the NHIA in 2020. Whether it is in bonds or any other form, Government gave more than GH¢790 million. They themselves confirmed that so, I hoped that that would also reflect in the Report?

Mr Speaker, I would also like to mention that this House passed the Budget Statement for 2021 and in it, Government aligned GH¢589 million of the COVID-19 expenditure to NHIA. However, when you look at today's Report, clearly, you can see that something that this House approved, NHIA refused to fund even one GH¢1.00 of that, but rather chose to put more money to support management information system to the tune of GH¢205 million and also, biometric identification cards and authentication systems close to GH¢90 million when health-related issues need to be funded.

This House passed the 2021 Budget Statement and in there, there was an alignment of GH¢589 million so, I do not see why NHIA has refused to even fund a bit of it.

They funded nothing, yet chose to fund other things, though equally important, I believe their core mandate is to help deliver in the health sector, but rather we do not see any moneys allocated to the COVID-19 expenditure that was aligned to

NHIA.

Mr Speaker, I would plead with you that we look at it again because this same House passed the 2021 Budget Statement in which we saw that amount approved for that purpose.

Mr Speaker, I also want to mention that Government is very committed to providing the due funds needed for the NHIA to move on. We would however, plead with them to also spend on the core activities that would bring maximum benefits to the poor, vulnerable and any other user of the

NHIS.

Mr Speaker, with these few words, I support the Motion.
Alhaji Mohammed-Mubarak Muntaka (NDC -- Asawase) 5:52 p.m.
Thank you, Mr Speaker.
Obviously, nobody would doubt the contributions of the NHIA to our country's health delivery system. Funding its activities and budget and for that matter, approving the formula should not be difficult for this House.
Mr Speaker, the Hon Deputy Minister for Finance, Hon Osei-Asare was arguing about how much has been released vis-à-vis what has been declared. She should tell her boss that the law says that every six months, he should come and brief this House on the health of the Fund. If he were doing that, I am sure that it would take all the arguments away, because they would have come with their supporting arguments, documents and figures that we can use to cross-check what the NHIA is saying.
However, if they fail to do that and the NHIA comes with its information, yet by simply standing up and saying that they have transferred more than that without giving us how much they have truly transferred, the Ministry of Finance wants us to believe them and that would become problematic. So, we hope that she would do well to let the Hon Minister appreciate why the Act says every six months, he should be here to update us.
Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 6:02 p.m.
Mr Speaker, I beg to support the Motion, and in conclusion, say these few words.
Mr Speaker, the Hon Minority Chief Whip, has over flogged concerns about the cost on budget allocated to information commu- nication technology of the scheme. At
the Committee of the Whole, this matter came up strongly and Hon Members took a strong exception to it. The Committee could do more work.
In the recommendations of the Report as made, it is suggestive that the Committee should engage further or deeper into details of the cost of this programme because the face value looks so high. However, if it is looked at in relative terms, it is also high and one would wonder the kind of technology that the scheme uses.
Mr Speaker, I want to conclude on that note and particularly, urge your Committee on Health to flag this matter and do a thorough investigation and accordingly apprise this House.
Mr Speaker, I urge the House to approve the Motion.
Question put and Motion agreed to.
Resolved Accordingly.
Mr Afenyo-Markin 6:02 p.m.
Mr Speaker, I would want to seek your leave for this House to move into a Committee of the Whole to consider the formula for the distribution and all related matters of the District Assemblies' Common Fund (DACF) allocation.
Mr First Deputy Speaker 6:02 p.m.
Very well.
Hon Members, the House shall move into a Committee of the Whole to consider the DACF formula for distribution.
6.05 p.m. -- Sitting suspended
6.44 p.m. -- Sitting resumed.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 6:02 p.m.
Hon Members, can you resume your seats so that we conclude proceedings for the day?
Yes, Hon Majority Leader, may I be guided.
Mr Kyei-Mensah-Bonsu 6:02 p.m.
Mr Speaker, the Committee of the Whole has gone slow on the presentation of the Formula for sharing the District Assemblies' Common Fund (DACF). We are told that the Report is not yet
ready and so, I guess the House will have to await the presentation of the Report till possibly, tomorrow morning for the consideration of the Report of the Committee of the Whole and the approval of same, if we consider it worthy to do so.
Mr Speaker, so, I believe that should be the last item on the agenda for today and that being the case, we could adjourn the House till tomorrow at 2 o'clock in the afternoon.
Mr First Deputy Speaker 6:02 p.m.
Very well.
Hon Members, it is past 6 p.m. and so, I do not need a motion. The House is accordingly adjourned till tomorrow 1st July, 2021 at 2 o'clock in the afternoon.
ADJOURNMENT 6:02 p.m.