Debates of 6 Aug 2021

MR SECOND DEPUTY SPEAKER
PRAYERS 11:44 a.m.
VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 11:44 a.m.
Mr Second Deputy Speaker 11:44 a.m.
Hon Members, we would move to the item numbered 4 on today's Order Paper, which is Correction of Votes and Proceedings and the Official Report. We would start with the correction of the Votes and Proceedings of Thursday, 5th August,
2021.
Pages 1 … 7 --
rose
Mr Second Deputy Speaker 11:44 a.m.
Yes, Hon Member for Buem?
Mr K. I. Adams 11:44 a.m.
Mr Speaker, on page 7, among the Hon Members
marked absent, the item numbered 16, Hon Joseph Tettey Akuerteh, the Hon Member of Parliament for Kpone-Katamanso was here yesterday, but has been marked absent. Could it be corrected?
Mr Second Deputy Speaker 11:44 a.m.
Yes, Table Office, please take note.
Page 8 … 18 --
Dr Nyarko 11:44 a.m.
Mr Speaker, there is a minor correction on item numbered 18 under Motions. It is about the date, which should read “31st December,
2017”.
Mr Second Deputy Speaker 11:44 a.m.
Table Office, please take note.
Page 19?
Dr Nyarko 11:44 a.m.
Mr Speaker, the same issue is on item numbered (i) under Opening. There should be a comma after “Thursday”.
Mr Second Deputy Speaker 11:44 a.m.
Very well. Table Office, please take note.
Page 20?
Mr Second Deputy Speaker 11:44 a.m.
Yes, Hon Member?
Dr Nyarko 11:44 a.m.
Mr Speaker, page 20, item numbered (vii), Mr Edward Ashey-Lantey's designation should be captured as “Director, Investment Services, G.I.P.C”.
Mr Second Deputy Speaker 11:44 a.m.
Table Office, please take note.
Page 21?
Mr Second Deputy Speaker 11:44 a.m.
Yes, Hon Member for Kwadaso?
Dr Nyarko 11:44 a.m.
Mr Speaker, page 21, item numbered (x), after Mr John Yaw Agbeko, there should be a comma after “Tourism” to read “Ministry of Tourism, Arts and Culture”.
Mr Second Deputy Speaker 11:44 a.m.
Table Office, take note. The Hon Member is taking us into grammar.
Dr Nyarko 11:44 a.m.
Then item numbered (xvii), Mr William K. Addo of the Ministry of Finance, there is no designation assigned to him. If that could be added?
Mr Second Deputy Speaker 11:44 a.m.
Very well. Table Office, please take note.
Page 22?
rose
Mr Second Deputy Speaker 11:44 a.m.
Hon Member, let me hear you?
Dr Nyarko 11:44 a.m.
Mr Speaker, page 22, under Opening, the date should be captured with a comma after “August” to read “5th August, 2021”. Also, there should be no comma after “Communications” so that it reads: “Hon Minister for Communications and Digitalisation”.
Mr Second Deputy Speaker 11:54 a.m.
Yes, Table Office, please take note.
Page 23 …25 --
Dr Nyarko 11:54 a.m.
Mr Speaker, pages 24 and 25 have the same issue. There should be a comma after “Thursday” on page 24 and a comma after “Tuesday” on page 25 under
Dr Nyarko 11:54 a.m.
Mr Speaker, the Committee on Poverty Reduction Strategy had two meetings yesterday but only one has been recorded in the Votes and Proceedings. The other one is not there.
Mr Second Deputy Speaker 11:54 a.m.
Hon Member, we are looking at what took place here in the Chamber.
Page 26, 27 --
Hon Members, the Votes and Proceedings of Thursday, 5th August, 2021 as corrected is hereby adopted as the true record of proceedings.
Mr Frank Annoh-Dompreh 11:54 a.m.
Mr Speaker, I am on my feet to seek your leave to vary the order of Business in relation to item numbered 5, Urgent Questions, so that we start with Question numbered 239 in that order for the Hon Minister for Railways Development; after which we can come back and take the normal order.
Mr Second Deputy Speaker 11:54 a.m.
So are you the questioner?
Mr Annoh-Dompreh 11:54 a.m.
Yes, Mr Speaker. I am not seeking your leave because of that.
Mr Second Deputy Speaker 11:54 a.m.
Very well.
Hon Minister for Railways Development, you may take your seat please.
rose
Mr Second Deputy Speaker 11:54 a.m.
Yes, Hon Member?
Mr Kpodo 11:54 a.m.
Mr Speaker, yesterday, I had an Urgent Question for the Hon Minister for the Interior. We were unable to take the Question. Today, it is not on the Order Paper. Given the fact that we may rise today, I want to seek your guidance as to how or what arrangements have been made for that Question, being an urgent one, to be answered.
Mr Second Deputy Speaker 11:54 a.m.
Hon Member, sitting here, I deal with what is before me; I cannot actually answer why your Question was not taken yesterday and why it did not appear today. So let us deal with the Table Office and the Whips and see how to address the issue. It is not before me today, so we will go ahead and deal with the Questions before me.
So, Hon Member for Nsawam- Adoagyiri, you may ask your Question.
Mr Annoh-Dompreh 11:54 a.m.
Mr Speaker, because of the records and for the sake of the records, Hon Kpodo is right. The Hon Minister for the Interior has brought a formal correspondence. So, I engaged him through my Deputy and informed the Hon Member that the Minister had written officially to say that the Answers were not ready. So the Hon Member would have to exercise some patience. If it is related to the Minister for the Interior, then that is the response to the Hon Member.
Mr Second Deputy Speaker 11:54 a.m.
Very well.
Mr Kpodo 11:54 a.m.
Mr Speaker, I agree that he spoke to me about the inability of the Minister for the Interior to answer the Question yesterday but what I am asking is that the Question is an urgent one and we may rise today. What arrangements are being made for this issue to be addressed?
Mr Second Deputy Speaker 11:54 a.m.
Hon Member, that is why I have said that I deal with issues that are before me, so deal with the Clerks and the Table Office so that they would give
us the appropriate time. Unfortunately, it might not be today but that is the situation. In my view, allow me to go ahead with my duties.
Hon Member for Nsawam- Adoagyiri, you may ask your Question.
ORAL ANSWERS TO 11:54 a.m.
QUESTIONS 11:54 a.m.
MINISTRY OF RAILWAYS 11:54 a.m.
DEVELOPMENT 11:54 a.m.
Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 11:54 a.m.
Mr Speaker, I beg to ask the Minister for Railways Development why trains are not running on the Accra to Tema and Accra to Nsawam railway lines after spending millions of Ghana cedis to rehabilitate these lines.
Minister for Railways Development (Mr John-Peter Amewu) (MP) 11:54 a.m.
Mr Speaker, the track rehabilitation works were successfully completed allowing for the resumption of the passenger rail services on the Accra-Tema route in January 2019. Passenger rail services on the Accra-Nsawam route also resumed in January 2020, following the successful rehabilitation works.

Subsequent to the outbreak of the COVID-19 pandemic in Ghana in March 2020, all passenger rail services across the country were suspended due to the non-adherence to the prescribed safety protocols by passengers.

Mr Speaker, as part of efforts to address the perennial flooding that occurs at Avenor, near the Kwame Nkrumah Interchange, the Hydrological Services Department is currently undertaking the construction of a concrete drain across the railway track. The top slab on the concrete drain has been completed and curing period has started. After the completion of the construction, the approaches of the culvert will be filled and the tracks would be laid back to allow for test runs and certification by the Ghana Railways Development Authority before the commencement of shuttle services. The Accra - Tema section of the line is therefore expected to be reopened for passenger services by the fourth week of August, 2021.

Mr Speaker, similar culvert construction works are being undertaken across the rail lines at Taifa. The construction of the culvert is at its early stages and would be constructed 14 meters away from the existing trench in order that any water

from the existing drain would not flood and cause delays in the construction works.

Mr Speaker, from mobilisation to the completion of the culvert work, a period of between 13-14 weeks would be needed. Tentatively, test runs may commence on the line at the end of October 2021, pending subsequent certification by Ghana Railway Development Authority for the commencement of passenger service between Accra and Nsawam.

Thank you, Mr Speaker.
Mr Second Deputy Speaker 12:04 p.m.
Hon Members, let me crave your indulgence that today we have so many Questions, and apart from that we have so many issues to deal with.

So I would only give the supplementary questions to the questioner himself. I would not allow any other Member to ask supplementary questions.
Mr Annoh-Dompreh 12:04 p.m.
Mr Speaker, I do not have any supplementary questions for this one, so with your leave, I will go on to the next question.
Plans to Complete the Western Railway Line
Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 12:04 p.m.
Mr Speaker, I beg to ask the Minister for Railways Development the latest update on plans to complete the Western Railway Line to support the Integrated Aluminum Industry, especially the completion of the railway sections of the Dunkwa - Awaso - Nyinahin rail line, particularly the timelines involved.
Mr Amewu 12:04 p.m.
Mr Speaker, the existing Western Railways Line, which is from Takoradi to Kumasi with a branch line from Dunkwa to Awaso, used to be the major route for the transportation of major minerals and other bulk commodities like manganese, bauxite, cocoa, timber, cement, petroleum products, mining equipment were transported along that route. The haulage of these commodities by rail reduces the challenge of using road transport and also reduce the traffic density on our roads in an attempt to maintain the lifespan of these roads.
Unfortunately, due to several decades of neglect and under- funding, the Western Line is completely broken down, except for partial freight services on the Takoradi-Nsuta section which is used for the haulage and export of
manganese through the Takoradi Port.
Mr Speaker, Government has adopted a systematic approach to gradually develop the Western Railway Line in accordance with the Railways Master Plan. A section of 15kms of the line from Takoradi to Sekondi through Kojokrom has been completed on a dual gauge with capability to be converted from the present narrow gauge into a standard gauge. Currently on-going is the development of sections of the Western Line from Kojokrom to Manso, a distance of 22kms. The construction is being undertaken by Messrs Amandi Holdings Limited with funding by GoG and this project is expected to be completed before the end of the second quarter of 2022.
Mr Speaker, a contract has been signed with Messrs Amandi for the continuation of the construction works from the Takoradi Port to Huni Valley with funding from a loan facility from Deutsche Bank.
The scope of works of the project include the following:
1. The construction of approximately 8kms of standard gauge railway tracks connecting the existing dual gauge tracks from Takoradi
Mr Amewu 12:04 p.m.


to the Takoradi Port for easy and efficient access for cargo handling;

2. The conversion of 10.6kms dual gauge tracks between Takoradi and Kojokrom from narrow gauge to standard gauge;

3. The construction of a by-pass section along the Kojokrom to Manso section of the Western railway line at Eshiem, to enhance the speed of the final infrastructure and meet the requirement and specification in the reviewed Railways Master Plan;

4. The construction of the railway line from Manso to Huni Valley, approximately 69kms of single-track lines, including 10 kms of loop lines and stations' double lines to improve availability of the line for express trains and give priority to passengers over cargo trains;

5. Construction of an approximately 4000ms2 workshop facility for standard gauge rolling stock including fit-out, machinery and equipment;

6. Supply of rolling stock including two (2) units of cargo locomotives at a 3,500HP engine capacity and 64 mineral wagons to support the initial operations of the new standard gauge infrastructure; and

7. Supply of standard gauge track maintenance equipment.

Mr Speaker, the project is expected to commence by October 2021, after the completion of the Environmental and Social Impact Assessment and the Value for Money (VfM) Assessment. The project duration is 42 months.

Mr Speaker, the development of the Northern section of the Western Railway Line will also commence as follows:

1. Kumasi (Adum) to Kaase (6kms): To be undertaken by Messrs David Walter Limited with GoG financing. The time for completion is twelve months from official commencement date; and

2. Kaase to Obuasi (63kms): Messrs AFCONS Infra- structure Limited will also develop the section of the line from Kaase through Eduadin

to Obuasi, a total distance of about 63kms. This project is expected to be financed through an external credit facility from Deutsche Bank after obtaining the necessary approvals from Cabinet and Parliament.

Mr Speaker, for the remaining sections of the Western Line, Government is making efforts to secure funding for the development. Currently, discussions are on-going with Messrs China Railway Wuju Group Corporation to implement a contract for the development of the section from Huni Valley to Dunkwa a distance of 75kms. Funding arrangements are on-going with the China Construction Bank (CCB) and United Bank of Africa (UBA) for the project.

Government is also exploring the possibility of developing the sections of the Western Line from Dunkwa to Nyinahin through Awaso (137kms) in partnership with the private sector developer, Messrs Thelo DB, in line with the PPP Act of 2020 (Act 1039). The 35kms section of the line from Dunkwa to Obuasi will also be developed to complete the development of the entire Western Line by 2024 to facilitate the Govern- ment's aggressive agenda, and the

implementation of the Integrated Bauxite Development Programme being pursued by Government.
Mr Annoh-Dompreh 12:04 p.m.
Mr Speaker, I have no supplementary question.
Mr Second Deputy Speaker 12:04 p.m.
Very well, I would move to Question numbered 241.
Status of the Tema-Mpakadan Railways Project
Mr Frank Annoh-Dompreh (NPP -- Nsawam-Adoagyiri) 12:04 p.m.
Mr Speaker, I beg to ask the Minister for Railways Development the current status of the Tema - Mpakadan Railways Project.
Mr Amewu 12:04 p.m.
Mr Speaker, the on- going construction of a new 97.7kms standard gauge railway line from the Tema Port to Mpakadan to connect with the Volta Lake transport system is about 85 per cent complete and is expected to be fully completed and handed over to Government by the end of the first quarter of 2022. The line includes the construction of a major railway bridge measuring 300ms across the Volta River between Senchi and Old Akrade which is progressing steadily.
Mr Amewu 12:04 p.m.


The project by Messrs Afcons is being financed under an Indian EXIM Bank credit facility which was approved by this august House.

12. 14 p.m.

Mr Speaker, the project was originally scheduled to be completed by July 2021, but due to the COVID- 19 pandemic, the project has significantly delayed. The rig being used by the contractor, M/s Afcons for the construction of the rail bridge has sunk into the lake and the contractor is therefore facing some technical challenges for the on-going construction works which has contributed significantly to the delay in the project completion date.

Mr Speaker, as I mentioned earlier, the on-going construction of the 97.7kms standard gauge railway line from the Tema Port to Mpakadan is about 85 per cent complete and is expected to be fully completed and handed over to Government by the end of the first quarter of 2022.

Mr Speaker, in order to ensure the availability of standard gauge rolling stock to facilitate the commissioning and initial operationalisation of the Tema to Mpakadan railway line, a lease purchase agreement has been

signed with a supplier for the supply of two (2) sets of Class IC4 High Speed Diesel Multiple Unit (DMU) trains, equipment and accompanying spare parts. The DMUs are expected to be delivered within 8 to 12 months.

Mr Speaker, a supplier's credit facility from Messrs Dongfang Electric International Corporation has already been approved by this august House for the supply of new standard gauge locomotives, wagons and coaches. A number of these new rolling stock will be deployed for freight and passenger operations on the Tema - Mpakadan rail line after its completion.
Mr Second Deputy Speaker 12:04 p.m.
Hon Member, any supplementary question?
Mr Annoh-Dompreh 12:04 p.m.
Mr Speaker, as part of the Hon Minister's Answer, he indicated that the DMUs are expected to be delivered within a period of 8 to 12 months. I am sure that the Hon Minister appreciates the essence of this. Is he able to tell the good people of this country whether or not this promise is likely to be fulfilled?
Mr Amewu 12:04 p.m.
Mr Speaker, in accordance with the specifications and details designed with purchase and delivery programmes as assigned to the supplier, we expect this
equipment to be delivered to site within eight to 12 months.
Mr Annoh-Dompreh 12:04 p.m.
Mr Speaker, I do not have any further supplementary question.
Thank you.
Mr Second Deputy Speaker 12:04 p.m.
Very well.
Hon Members, we would therefore move on to the Question numbered 373, which stands in the name of the Hon Daniel Ohene Darko, the Hon Member for Upper Denkyira West.
Hon Member, it appears that your Question is almost the same as the previous Question that has been answered. Is that not so?
Mr Daniel Ohene Darko 12:04 p.m.
Mr Speaker, that is so, but I would just want to add a bit to it.
Mr Second Deputy Speaker 12:04 p.m.
Very well, you may ask the Question.
Mr D. O. Darko 12:04 p.m.
Mr Speaker, going back to what the Hon Annoh- Dompreh has just said, sometime in August 2005, the head of legal -- [Interruption] --
Mr Second Deputy Speaker 12:04 p.m.
Hon Members, please, order!
Hon Member, are you asking the substantive Question or you are shifting it to a supplementary question?
Mr D. O. Darko 12:04 p.m.
Mr Speaker, I would read my substantive Question, which is similar to what the Hon Annoh-Dompreh asked.
Completion and Operationalisation of the
Tema/Akosombo/Mpakadan Railway Line
Mr Daniel Ohene Darko (Upper Denkyira West) 12:04 p.m.
Mr Speaker, I beg to ask the Minister for Railways Development when the Tema-Akosombo/Mpakadan Railway Line would be completed and operationalised.
Mr Second Deputy Speaker 12:04 p.m.
Hon Member, it is almost the same Question, so you would be allowed to ask supplementary questions based on the answers that the Hon Minister has given.
Mr D. O. Darko 12:04 p.m.
Mr Speaker, very well.
Mr Speaker, on 4th December, 2019, the Hon Minister for Railways
Mr Amewu 12:04 p.m.
Mr Speaker, as stated early on, I mentioned that the project is expected to be completed in the first quarter of 2022, and that timeline is what we have adhered to as a management team of the project. I also did mention that the COVID- 19 pandemic had delayed the project beyond the initial completion date, which was envisaged in October 2021 of this year. As a result of that and other technical difficulties that we have experienced, for instance, what I mentioned about the fact that the drilling rig had sunk and therefore the difficulty of lifting the drilling rig back was becoming a technical problem. It has contributed to prolonging the project duration to the first quarter of
2022.
Mr Second Deputy Speaker 12:04 p.m.
Very well.
Hon Member, do you have any further supplementary question?
Mr D. O. Darko 12:04 p.m.
Mr Speaker, I have one more.
Mr Speaker, incidentally, I live just by the railway track around the Mef Estate at Mataheko, and I realised that the railway line there is a small track, but looking at our modern age where railway transportation has become a very important source of trans- portation, can the Hon Minister explain why it still remains a single track and not a double track? I ask this because if a train moves towards one direction, another track cannot come from the opposite direction. I would therefore want to know why in this modern age, the construction of a railway line would be a single track instead of a double track.
Mr Amewu 12:24 p.m.
Mr Speaker, as we are all aware, the physical space of this country is very limited, and because of construction cost, there are more technically advanced ways of running a railway even within the single track system. That is why the idea of signaling and branch lines come along the single track. One would notice that with most countries that have double line system, some of the lines had actually not been used.
So, what this current Government is trying to adopt because of the closed physical space that we have, is to approach a high level signaling methodology, which would make it possible for two lines to run at the same time. It does not necessarily mean that one rail would have to start from point A and end at point B before the other one comes. Along the line, one would see branches, and the signaling would determine at what time a train would branch for another line to run.

This is the system we are running, and as and when facilities become available and there is more need for traffic density on our rails, we will always go back and expand on the rail lines as we currently do even within the road infrastructure where we have single lanes, but as time goes on, we expand to double lanes.
Mr Second Deputy Speaker 12:24 p.m.
Thank you, Hon Minister, we are grateful to you for attending upon the House to answer Questions. You are hereby discharged.
Let me invite the Hon Minister for Roads and Highways.
Hon Member for Builsa South, Clement A. Apaak, you may ask your Urgent Question.
URGENT QUESTIONS 12:24 p.m.
MINISTRY OF ROADS AND 12:24 p.m.
HIGHWAYS 12:24 p.m.
Dr Clement A. Apaak (NDC -- Builsa South) 12:24 p.m.
Mr Speaker, I beg to ask the Hon Minister for Roads and Highways why twenty-five (25) Persons With Disabilities (PWDs) employed to work at toll booths in the Greater Accra Region, as part of Government's programme to employ fifty per cent (50%) of PWDs to work at toll booths across the country, have been sacked.
Minister for Roads and Highways (Mr Kwasi Amoako- Attah) (MP) 12:24 p.m.
Mr Speaker, there are a total of 37 bridge and road toll stations across the country. Out of this number, 18 are managed by the Ghana Highways Authority (GHA) while the remaining 19 are managed by a private entity.
Mr Speaker, the total number of workers employed at the toll stations are 661 out of which 282 are PWDs, which constitutes 43 per cent. There
Mr Second Deputy Speaker 12:24 p.m.
Hon Member, any supplementary question?
Dr Apaak 12:24 p.m.
Mr Speaker, I would submit this petition by Disabled Toll Workers of Ghana to the Hon Minister after this question.
Mr Speaker, the Hon Minister has admitted that some PWDs who were employed to work at toll booths have been sacked. He indicated that some of the reasons had to do to with financial malfeasance, absenteeism and lateness. I would want to know if the Ministry has set up a committee to investigate, and if so, can he share with this House a copy of the committee's report on this matter?
Mr Amoako-Attah 12:24 p.m.
Mr Speaker, I indicated in my Answer that the toll booths involved had been ceded to a third party, and I gave the name of the company. Therefore, those employed were on the payroll and employment list of that company; they were not employed directly by the Ministry. The company, therefore, bears liability and responsibility for those working in the toll booths vicariously; hence, it is not up to my Ministry to do that.
However, because of the interest we have in those working in our toll booths, particularly the PWDs, because it is a unique Government policy, the investigation established that prima facie evidences were there in almost all of them. They went through the processes and investigations revealed that the employees involved were given the opportunity for the sake of natural
justice to explain themselves. It is a principle that we could not compromise with because of audi alteram partem.
Dr Apaak 12:24 p.m.
Mr Speaker, I am a bit confused. I thought the Hon Minister suggested that his Ministry conducted the investigations? However, if my understanding is that his Ministry did not, and it was the company, TRML, I would have thought that he would have taken an interest as an Hon Minister to verify the claims and charges made against these persons who are beneficiaries of the unique Government policy which he has admitted.
The reasons that the persons who have been affected have assigned to the infractions for which they have lost their jobs are different from what the Hon Minister presented. Hence, did the Ministry conduct the investigation or --?
rose
Mr Second Deputy Speaker 12:24 p.m.
Hold on.
Mr Kyei-Mensah-Bonsu 12:34 p.m.
Mr Speaker, I would plead with my Hon Colleague. The rules relating to Question time are spelt out in Standing
Order 67. He started by proffering his personal opinion and arguing the case before asking a question.

Mr Speaker, my Hon Colleague should be minded of Standing Order 67(1)(b) which reads:

(b) a Question shall not contain any arguments, expression of opinion...''

Mr Speaker, a question should not be loaded with such. I just want to remind my Hon Colleague of Order 67(1)(b).
Mr Second Deputy Speaker 12:34 p.m.
Very well.
Hon Member, just be guided and ask your question from the Answer he has given.
Dr Apaak 12:34 p.m.
Mr Speaker, I am guided. However, the Hon Majority Leader is someone we all learn from.
Mr Speaker, the Hon Minister in his Answer indicated that an investigation was conducted, so could he share with this House the outcome of that investigation in the form of a report?
Mr Amoako-Attah 12:34 p.m.
Mr Speaker, that was not contained in his original Question. However, if he wants any further information or clarification, he knows the rules and orders of the House. If he files a Question to that effect, it would be responded to.
Mr Second Deputy Speaker 12:34 p.m.
Hon Members, we would move to Question 205 which stands in the name of the Hon Member for Adentan but before that kindly permit me to suspend the House for five minutes.
12.36 p.m. -- Sitting suspended.
12.38 p.m. -- Sitting resumed.
Mr Second Deputy Speaker 12:34 p.m.
Hon Member for Adentan, you may ask your Question.
ORAL ANSWERS TO 12:34 p.m.
QUESTIONS 12:34 p.m.
MINISTRY OF ROADS AND 12:34 p.m.
HIGHWAYS 12:34 p.m.
Mr Mohammed Adamu Ramadan (NDC -- Adentan) 12:34 p.m.
Mr Speaker, I beg to ask the Hon Minister for Roads and Highways
when the contractor working of the St. Peters - Ogbojo Police Station road project will come back to site.
Minister for Roads and Highways (Mr Kwasi Amoako- Attah) 12:34 p.m.
Mr Speaker,
Background
Adenta is the capital of the Adentan Municipality in the Greater Accra Region.
Current Programme
There is no programme for the St. Peters - Ogbojo Police Station Road.
Future Programme
Engineering design studies will be conducted by the end of December, 2021 for consideration under subsequent budgets when funds are available.
Mr Ramadan 12:34 p.m.
Mr Speaker, the Question I asked was when the contractor would come back to site. The reason I asked that Question was that in 2016, the drains were constructed and some earth work was also done on the stretch of the road but since the change of administration, nothing has happened on the road again, so I am surprised that the Hon Minister said that it has not been earmarked.
Mr Second Deputy Speaker 12:34 p.m.
So what is your question?
Mr Ramadan 12:34 p.m.
Mr Speaker, I do not have any supplementary question.
Mr Second Deputy Speaker 12:34 p.m.
Very well. Then you may ask your second Question.
Status of Bridge from Sraha ADMA School to Ogbojo and
Abubakar Sidiq to Ogbojo Road
Mr Mohammed Adamu Ramadan (NDC -- Adentan) 12:34 p.m.
Mr Speaker, I beg to ask the Hon Minister for Roads and Highways the status of the construction of the bridge on the road from Sraha ADMA School to Ogbojo and the bridge on the Abubakar Sidiq to Ogbojo road.
Mr Amoako-Attah 12:34 p.m.
Mr Speaker,
Background
Adentan is the capital of the Adentan Municipality in the Greater- Accra Region.
Current Programme
The Department of Urban Roads is undertaking engineering design studies to determine an appropriate hydraulic structure for the location that
will allow connection from Sraha ADMA School to Ogbojo.
The Department is also packaging the construction of a double-cell 4m x 4ms reinforced concrete box- culvert in collaboration with the Adentan Municipal Roads Department to connect the communities on the Abubakar Sidiq Road to the Ogbojo Road.
The execution of the programme will be considered under the 2022 annual budget.
Mr Ramadan 12:34 p.m.
Mr Speaker, I asked this Question because I am aware that this bridge had been awarded in November 2020 to a company called B5 Prestige Limited by the Coastal Development Authority (CoDA) and it was to take five months. Five months have elapsed so I want to know from the Hon Minister what the status of the road is but from his Answer, it appears that he is not aware of the project that has already been awarded to the tune of a million Ghana cedis.
Mr Second Deputy Speaker 12:34 p.m.
So, what is your question?
Mr Ramadan 12:34 p.m.
Mr Speaker, I want to find out if the Hon Minister is aware that the contract was awarded by CoDA?
Mr Amoako-Attah 12:44 p.m.
Mr Speaker, I thank my Hon Colleague for this information.

I am not aware of what he is talking about but in our database, there is no work on this particular bridge. That is why we are working on it and the Department of Urban Roads is doing all the studies. They have even come out to commence a 4x4 metre reinforced box culvert because of the topography of the area and the estimated volume of water. This is what is ideal for the place.

I would make use of this information and I believe nothing has started, so we shall crosscheck. I thank you for this information but the most important thing is that we are working to work on this bridge because it falls within our Ministry.

Mr Speaker, normally, if any road project is to be done by any agency, they are even supposed to seek authorisation from my Ministry. COCOBOD works on road projects but COCOBOD would not just go on its own to pick roads and work

on. We have to cede the roads to them; they agree with us. Mining companies work on some roads; they come to us and we cede those roads to them at the same time. The technical people are in my Ministry, so, all the road projects going on around the country whether they are being funded through COCOBOD or any of the mining companies still come under the supervision of engineers from the Ministry of Roads and Highways. That is why I am surprised about that but I think it is a vital information and I would make use of it. The two of us can work together to get it resolved. But the good news for you is that it is being taken care of.

Mr Speaker, I thank you.
Mr Mohammed A. Ramadan 12:44 p.m.
Mr Speaker, may be, I should also be shouting “Hear! Hear!” in support of this but I would be very grateful if the Hon Minister would indulge me to undertake a working visit to ascertain the situation there. It is close to a school and the school kids would sometimes have to go through the drain to get out and it is really risky. With the rainy season coming up, it is a problem.
Mr Second Deputy Speaker 12:44 p.m.
Very well, so we would move to Question numbered 208 which stands
in the name of the Hon Member for Klottey Korle, Hon Dr Zanetor Agyeman-Rawlings.
Hon Member, the Minister is around and you may ask your Question.
Asphalting of Roads in the Klottey Korle Constituency
Dr. Zanetor Agyeman-Rawlings (Klottey Korle) 12:44 p.m.
Mr Speaker, I rise to ask the Hon Minister for Roads and Highways when the following roads in the Klottey Korle Constituency will be asphalted: (i) Eseefo road (ii) Akooshie street (iii) Odanta street (iv) Paradise street (v) Farah Avenue (vi) Salem avenue (vii) Abebrese street (viii) Awulakpakpa street (ix) Justice Annie Jiage street (x) Salvation Link.
Mr Amoako-Attah 12:44 p.m.
Mr Speaker, I thank you.
Background
Osu is the capital of Klottey Korle Municipality of the Greater Accra Region.
Current Programme
(i) Eseefo Road (iii) Odantan Street (iv) Paradise Street (vi) Salem Avenue
(viii) Awulakpakpa Street (ix) Justice Annie Jiagge Street (x) Salvation Link
The above roads have been packaged as part of the project titled “Asphalt Overlay of Selected Roads in Asylum-Down, Ridge and Osu (5.80kms)”.
The Contract was awarded on 3rd August, 2020 and commenced on 14th September, 2020 for completion on 13th September, 2021.
The Contractor has mobilised to site and has completed base treatment of several distressed sections of roadways in preparation to receive asphaltic concrete surfacing.
The progress of work is estimated at 5 per cent physical completion.
(viii) Awulakpakpa Street
The above road has been packaged as part of the project titled “Asphalt Overlay of Selected Roads in Osu (20.0kms)”.
The Contract was awarded on 11th May, 2020 and commenced on 7th July, 2020 for completion on 6th May,
2022.
The Contractor has completed asphaltic concrete overlay, with base- strengthening on the following roads:
Mr Second Deputy Speaker 12:44 p.m.
Hon Member, do you have any supplementary question?
Dr Agyeman-Rawlings 12:44 p.m.
Mr Speaker, yes.
Mr Second Deputy Speaker 12:44 p.m.
I thought the Answer given was exhaustive.
Dr Agyeman-Rawlings 12:44 p.m.
Mr Speaker, not quite exhaustive. May I ask a supplementary question?
Mr Second Deputy Speaker 12:44 p.m.
Anyway, you may ask a supplementary question.
Dr Agyeman-Rawlings 12:44 p.m.
Mr Speaker, could the Hon Minister kindly clarify why the Farrar Avenue and Akooshie Street are not included in this, especially as Farrar Avenue is a high traffic area and I am sure a lot of Hon Members of Parliament use that particular street? Actually, it is not the upper part that is near the Psychiatric Hospital; it is after the traffic light down towards the Nkrumah Circle.
I am just wondering why that was excluded given that it is such a major road and it is quite damaged?
Mr Amoako-Attah 12:54 p.m.
Mr Speaker, I could not have agreed more with my Hon Colleague and I believe she would be a happy person in the sense that a lot of her roads are being tackled. It is one after the other. I can assure her that the Farrar Avenue and Akooshie Street are not left out.
My Answer indicates that we would have come to firm grips of what
has to be done by the close of the year, December 2021.

As works on the rest of the other streets are going on, I would want to assure you that I will keep a close watch over this project and it will not be stalled and by the close of the year, the two others would have joined the stream.
Mr Second Deputy Speaker 12:54 p.m.
Hon Member, are you all right?
Dr Agyeman-Rawlings 12:54 p.m.
Mr Speaker, I would like to find out from the Hon Minister why the roads in the Osu sector will take two years to complete given that the level of completion on the Osu side is nine per cent as supposed to five per cent in the Asylum Down sector? This is because some of the roads are in quite a bad state, so I just want to enquire why it will take two years whereas the prior one says, it will take about a year to complete?
Mr Amoako-Attah 12:54 p.m.
Mr Speaker, she is asking about the duration for finishing works on the aforementioned roads. The duration depends on the state of the road because what is being done in the Hon
Member's constituency is to bring all the roads under asphaltic concrete and asphalt is an overlay. One can only do the overlay if the base is well treated and it takes time to stabilise the base of the road before we put the asphalt overlay.
In some areas, we have to do a lot of pothole patching. In fact, in some areas, we even have to do a major work of sectional treatment - sectional patching before we stabilise the base and add the overlay. So, every stretch of road calls for its treatment depending on the nature of the road. That is why we cannot prescribe same completion time for all roads. Each street is taken on its own merit but the most important thing is that we work with speed while ensuring quality work.
Mr Second Deputy Speaker 12:54 p.m.
Very well.
Hon Members, we move to Question numbered 209 in the name of the Hon Member for Nalerigu/ Gambaga constituency - Mr Seidu Issifu.
Completion of Nalerigu to Gbintiri Road
Mr Issifu Seidu (NDC -- Nalerigu/Gambaga) 12:54 p.m.
Mr Speaker, I beg to ask the Hon Minister for

Roads and Highways when the Nalerigu/Gbintiri would be completed.
Mr Amoako-Attah 12:54 p.m.
Mr Speaker, Nalerigu is the regional capital of North East Region. The road from Nalerigu to Gbintiri is a Regional Road (R151) and is 46kms long. The first 2kms within Nalerigu town is bituminous surfaced and in good condition, whilst the remaining 44kms gravel surfaced is under construction.
The 44kms gravel section of the Nalerigu-Gbintiri road is under two (2) separate contracts for upgrading to bituminous surface. The first contract is titled “Upgrading of Nalerigu Town Roads (4kms)”. It was awarded on 24th October, 2016. The project was relocated to the section (km 2 -6) of the Nalerigu-Gbintiri road for upgrading to bituminous surface. The project commenced on 8 th November, 2016 and was originally scheduled for completion on 7th November, 2017. The project completion date has been extended to 7th September, 2021.
To date, the contractor has executed the following works:
Roadside clearing -- 100 per cent;
Earthworks -- 95 per cent;
Subbase -- 95 per cent;
Base -- 95 per cent;
Primerseal -- 75 per cent;
Seal -- 0 per cent;
Roadline Markings & Signs -- 0 per cent.
The progress of work is 65 per cent physical completion.
The second contract is titled “Upgrading of Nalerigu/Gbintiri Road (km 6-46)”. The project commenced on 19th May, 2020 and is scheduled for completion on 18th May, 2023.
The project is on-going. The contractor has executed clearing, cut to widen road and fill to raise road up to formation level on some sections. Substantial concrete works such as construction of pipe culverts, box culverts and u-drains have been executed. The physical work progress is estimated at 27 per cent completion and the contractor is on site and work is progressing satisfactorily.
Mr Second Deputy Speaker 12:54 p.m.
Very well.
Hon Member, the Answer is exhaustive, is that not right? Do you still want to ask follow-up questions? Anyway, go ahead.
Mr Issifu Seidu 12:54 p.m.
Mr Speaker, I can confirm all that the Hon Minister is saying and I appreciate his response to my Question but my first follow- up question has to do with the completion time for the Nalerigu township project. From the Hon Minister's response, the project will be completed on the 7 th of September, 2021 which means that we are just left with four weeks to completion.
So, I would like to find out if the Hon Minister is still committed to this date of completion he has stated?
Mr Amoako-Attah 1:04 p.m.
Mr Speaker, I wish to thank my Hon Colleague for his honest admission of the great work being done; he is a lucky Hon Member of Parliament as he inherited a very prosperous constituency so far as roads are concerned.
Mr Speaker, I would like to assure my Hon Colleague that so far as we are concerned, we are committed to that date because that was the date given to the contractor and the
contractor has not put in any application for extension of time.

If you glance through the update on the work done on the various scope of works, you can see that they have all reached substantial completion stage. Mr Speaker, road side clearing is even 100 per cent and the rest are all around 95 per cent so we still hold the contractor to that date. The seal is zero and the road line markings and signs are also zero, but work is ongoing and for the road line markings and signs, depending on the length of the road, it can take only two or three days to do them.

So, once the contractor has not put in any application for extension of time, I believe that he knows what he is doing and he would be able to deliver within the time. We would hold the contractor to the time but in case anything happens between now and the completion period, I want to assure you that it would be granted to enable the contractor to do a very good job for the people of Nalerigu and its environs.
Mr I. Seidu 1:04 p.m.
Mr Speaker, the second contract which stretches from Nalerigu to Gbintiri was awarded for a period of three years and 27 per cent of the work has been done and this is barely one year into the project
Mr Amoako-Attah 1:04 p.m.
Mr Speaker, the most important thing is that all the contractors are on site and they are working. Once they have not abandoned site, it behoves the employer, in this case, the Government, to ensure intermittent payment to the contractor to enable them to carry out the work. I can assure the Hon Member that the Government would do this and ensure that they keep to the timelines and I can also inform the Hon Member that the road will not end at Gbintiri but continue to Kulungugu covering a distance of 104 kilometres which has also been awarded and the contractor is on site to continue with the project. I believe this information would gladden the Hon Member.
So, if the Hon Member's constituency extends beyond Gbintiri, then I want to use this opportunity to assure him that the Gbintiri - Kulungugu road has been awarded and the contractor is mobilising to site.
Mr Second Deputy Speaker 1:04 p.m.
I could see the Hon Member was nodding his head. I guess you are happy.
Hon Member, kindly ask your next advertised Question numbered as item
210.
Completion of Nalerigu to Nakpanduri Road
Mr Issifu Seidu (NDC -- Nalerigu/Gambaga) 1:04 p.m.
Mr Speaker, I beg to ask the Minister for Roads and Highways when the Nalerigu to Nakpanduri road would be completed.
Mr Amoako-Attah 1:04 p.m.
Mr Speaker,
Background
Nalerigu is the regional capital of North East Region. The road from Nalerigu to Nakpanduri forms part of the Inter-Regional Road (IR11) and is 25.8kms long. The road is gravel surfaced and in poor condition.
Current Programme
The Nalerigu - Nakpanduri road is under construction as part of the contract titled “Upgrading of Nalerigu - Nakpanduri Road (km 0 - 25.8),
Bende - Bunkpurugu Road (km 0 - 15.2) and the Resealing of Nakpanduri - Bende Road (km 0 - 27) total lenght of 68kms - NE LOT
1”.
This is one of the critical road projects. The project commenced on 14th April, 2020 and is scheduled for completion on 13th April, 2023. The Nalerigu - Nakpanduri road is to be upgraded to bituminous surface.
The project is on-going. The Contractor has executed clearing and has cut to widen the road and fill it up to formation level in some sections. The physical progress of work is estimated at 16 per cent completion.
Mr I. Seidu 1:04 p.m.
Mr Speaker, looking at the Answer by the Hon Minister, same cannot be said for the Nalerigu- Gbintiri road. So far, the contractor has gone into one year of operation but the duration of the contract is three years. Mr Speaker, one year into operation, we have done just 16 per cent so I would want to find out from the Hon Minister what he would do to catalyse the work of this contractor because he is far behind schedule. The contractor has done only 16 per cent within one year meanwhile we have just two years left for the project to be handed over.
Mr Amoako-Attah 1:14 p.m.
Mr Speaker, I appreciate the concern of my Hon Colleague and I wish to assure him that this particular project is in competent hands. The contractor is City Construction Company Ghana Limited and he is one of our strong contractors and I am sure the Hon Colleague is aware that they have the capacity in terms of equipment, human capital and technical know-how.
I believe that it is because of the number of projects this company is handling which perhaps may have slowed their performance on this project. So, I agree with the Hon Member that having been on site for almost a year, if we relate it to the level of completion, then it is on a lower side but I can assure the Hon Member that the contractors are on site.

They have the capacity to and we would do everything possible to ensure that they step up their work, and the Hon Member would have nothing to worry about.
Mr Second Deputy Speaker 1:14 p.m.
Thank you, Hon Minister, we would move to Question numbered 212. It stands in the name of the Hon Member for Sege. Hon Member, you may ask your Question.
Mr Christian Corletey Otuteye (NDC -- Sege) 1:14 p.m.
Mr Speaker, I beg to ask the Minister for Roads and Highways when the Ministry will complete the construction of the Nakom Korpe to Toflokpo road, which was awarded some time back.
Minister for Roads and Highways (Mr Kwasi Amoako- Attah) 1:14 p.m.
Mr Speaker,
Background
The Nakom Korpe to Toflokpo Feeder road is part of Korluedor - Kpotsum - Nakomkorpe Feeder Road. It is a gravel road in poor surface condition. The road is located in the Ada West District of the Greater Accra Region.
Current Programme
Contract for the surfacing of Korluedor -- Kpotsum -- Nakomkorpe feeder road (6.5km) commenced on 24th October, 2016 and was expected to be completed on 23rd October, 2017. Progress of work is estimated at 10 per cent physical completion.
The Contractor abandoned site after executing the following activities:
6.5kms of clearing and formation;
40ms of 600mms concrete U- drains and,
2No. 1/900mms diameter pipe culverts.
A final warning letter was issued on 20th July, 2019 but the contractor failed to return to site; therefore, the Department of Feeder Roads has initiated the necessary process to terminate the contract.
Mr Otuteye 1:14 p.m.
Mr Speaker, from the Hon Minister's Answer, it is clear that this road is to take one year to be completed, but it has taken over five years now.
I would want to know from the Hon Minister what really the reason is such that it has taken five years for a road which should be constructed in one year.
Mr Amoako-Attah 1:14 p.m.
Mr Speaker, obviously, this is unacceptable. I share the concern of the Hon Member and his constituents. We normally experience this.
Mr Speaker, not all road contracts awarded are executed as efficiently
and professionally as is expected. No matter what you do, even if you employ strict procurement pro- cedures, which we do, obviously, you would not get things done 100 per cent. It is unfortunate and regrettable if any road project travels this kind of route.
We cannot do anything about it. The only assurance I can give the Hon Member is that through his vigilance and from the Question he asked, this has come up. It is better late than never. Let us work together. I would take it up and make sure that we rectify whatever anomaly might have happened. This is the only assurance I can give the Hon Member.
Mr Second Deputy Speaker 1:14 p.m.
Hon Member, your last Question?
Mr Otuteye 1:14 p.m.
Mr Speaker, I have two more.
Mr Speaker, two years ago, the Hon Minister for Roads and Highways came to this House, and on this very road, he assured the people of Sege Constituency that this road would be re-awarded so that a more competent contractor would take over. However, since two years now, I can see from
the Answer that they are still in the process of re-awarding it.
Also, I appealed to him that the road is non-motorable so if it is possible something should be done so that while we look forward for re- awarding, the road is made motorable for the people, yet nothing has been done and now the road is completely out of usage.
May I know what he could do about it so that we can still use the road while they go along with the re- awarding process?
Mr Amoako-Attah 1:14 p.m.
Mr Speaker, I would want to assure my colleague that we have emergency road programmes aside the fact that we always have ongoing routine maintenance programmes on all roads.
However, if there is any particular emergency, for instance, if any road is washed away in any constituency or if any bridge is broken in any constituency, we treat such as emergencies under our programme because we do not want the good people from anywhere of this country to undergo any unnecessary hardship.
Mr Speaker, I would want to use this opportunity to appeal to all my colleagues. If there is an emergency

I say so, and it has been done to a lot of people because I am also one of you. We are all Members of Parliament (MPs), and I know what we go through from our constituents particularly if roads are washed off or bridges are broken down. Nobody here could say that he experienced such an emergency, came up to us and we did not pay attention to it.
Mr Second Deputy Speaker 1:14 p.m.
Hon Members, we move to Question numbered 213 which stands in the name of the Hon Member for - Is it the Hon Member for Ajomoro?
Mr Kofi Arko Nokoe 1:14 p.m.
Mr Speaker, it is Evalue Ajomoro Gwira.
Mr Second Deputy Speaker 1:24 p.m.
Hon Member, ask your Question.

Completion of Road - Gwira Aiyinasi to Wiawso
Mr Kofi Arko Nokoe (Evalue Ajomoro Gwira) 1:24 p.m.
Mr Speaker, I beg to ask the Minister for Roads and Highways when the Gwira Aiyinase to Wiawso road, being constructed by Fridoug Construction Limited will be completed.
Mr Amoako-Attah 1:24 p.m.
Mr Speaker,
Background
The Gwira Aiyinase - Gwira Wiawso feeder road is 30kms long engineered road located in the Nzema East Municipality of the Western Region.
Current Programme
There are three (3) road contracts awarded to Fridoug Ltd. in three (3) different phases. The three (3) projects are at various stages of completion with the following details:
(I) Bitumen Surfacing of Gwira Aiyinase - Gwira Wiawso F/ R Ph.I (0.00 - 10.0 Kms)
The contract commenced on 7th August, 2020 and scheduled for
completion on 6th August, 2021. The project is estimated at 50 per cent physical completion and the details are:
10kms of clearing;
9kms of formation;
3,713ms concrete u-drains (various sizes);
23no. pipe culverts (various sizes);
7kms sub-base.
(II) Bitumen Surfacing of Gwira Aiyinase - Gwira Wiawso F/ R Ph.II (10.00 - 20.0 Kms)
The contract commenced on 7th August, 2020 for completion on 6th August, 2021. The project is estimated at 23 per cent physical completion and the details are:
10kms clearing;
10kms formation;
2,672ms concrete u-drains (various sizes);
18no. pipe culverts (various sizes);
(III) Bitumen Surfacing of Gwira Aiyinase - Gwira Wiawso F/ R Ph.III (20.00 - 30.0 Kms).
The contract commenced on 7th August, 2020 scheduled for completion on 6th August, 2021. The project is estimated at 19 per cent physical completion and the details are:
10kms clearing;
10kms formation;
2,520ms concrete u-drains (various sizes).
7no. culverts (various sizes).
Thank you, Mr Speaker.
Mr Nokoe 1:24 p.m.
Mr Speaker, I thank the Hon Minister for his Answer.
However, Mr Speaker, at the sod cutting ceremony on the 17th July, 2019, we were made to understand that the project was going to take 24 months which ought to be completed last month, which is July 2021. Also in the responses, we are made to understand that the contract is at various stages of development. Can the Minister be kind enough to enlighten myself and the good people
Mr Amoako-Attah 1:24 p.m.
Mr Speaker, as indicated in my Answer, this road is quite long. It is a 30 kms long road. That is the length and it is being executed in three phases of 10kms each. They were put together even though in phases but as one composite project. We did so because we were convinced that the contractor had what it takes especially the capacity to execute the project and to do quality work. I believe he can testify that the contractor is on site. He has not abandoned site and in all the three components of the project, he is tackling them simultaneously.
The first one, he has gone up to 50 per cent and the second and third, are above 20 per cent. It is the contractor's own approach to execute the job. Assuming he had concentrated all his efforts on the lots - moving from one lot to the other, if we put the percentages together, he would have perhaps finished the first lot and then tackled the second and third lots. But he is tackling all the three simultaneously. I believe that must be one of the causes or the reasons for the delay. But I cannot fault the contractor. It is his own way of
tackling the project but if it is not helping matters, I believe the engineers would have to advise him.
Secondly, I have to be very honest -- from time to time, payment is not as regular as expected. That can also delay progress of work but the good thing is that the contractor is on site and he is working and we would do whatever is possible from the point of view of the employer.
The employer must also ensure regular payment as much as possible. This is because for contractors, once they are paid and they have the money, they are encouraged and motivated even to employ more hands to speed up work. So I would ensure that this is done. As I always say, let us work together.
Thank you, Mr Speaker.
Mr Nokoe 1:24 p.m.
Mr Speaker, I wish to inform the Hon Minister that the people of Evalue Gwira are listening to every word he is saying. Can the Minister tell the good people of Evalue Gwira in simple language when the project would be completed?
Thank you, Mr Speaker.
Mr Second Deputy Speaker 1:24 p.m.
Hon Minister, in simple language, when?
Mr Amoako-Attah 1:24 p.m.
Mr Speaker, my wish is that the project was completed yesterday but since that is not possible, all I can say at this point is that this project is going to be monitored with an eagle eye and it would be completed as soon as practicable.
Thank you, Mr Speaker.
Mr Second Deputy Speaker 1:34 p.m.
Very well. We would move to Question numbered 214.
Completion of Bogoso-Prestea Roads
Mr Robert Wisdom Cudjoe (Prestea/Huni-Valley) 1:34 p.m.
Mr Speaker, I beg to ask the Minister for Roads and Highways when construction of the Bogoso-Prestea roads will be completed.
Mr Amoako-Attah 1:34 p.m.
The Bogoso - Prestea road is Route R121 with a total length of 20kms. The road is in the Prestea Huni Valley District of the Western Region. The Bogoso - Prestea road has a bituminous surface in fair to poor condition.
Currently, there are four on-going projects, namely:
a) Resealing of Bogoso - Prestea Road (km0-5),
b) Resealing of Bogoso - Prestea Road (Km5.0-10),
c) Resealing of Bogoso - Prestea Road (Km10-15), and
d) Resealing of Bogoso - Prestea Road (Km15-20). The projects are financed by the Ghana Road Fund.
Mr Speaker, beginning with the resealing of the 5kms Bogoso-Prestea road, this project commenced on 1st December, 2016 and was scheduled for completion on 30th September, 2017. The current progress of work is projected at 30 per cent physical completion. The project has been terminated for non - performance by the contractor.
Two, resealing of Bogoso - Prestea Road (km5.0-10.0). This project commenced on 1st December, 2016 and was scheduled for completion on 30th September, 2017. The work is substantially completed, with road signs and markings outstanding.
Three, resealing of Bogoso - Prestea between km10.0 to km 15. The length is 5kms. This project commenced on 16th September, 2019 and was scheduled for completion on 1st October, 2020. The progress of
Gakpey
Mr R. W. Cudjoe 1:34 p.m.
Mr Speaker, I used the road last Sunday, and scanning through the Answer from the Minister this morning, I am shocked at the information provided. It is entirely different from what is on ground. So, I do not know where his answer is coming from. But since this is a House of records, I would ask my follow-up questions.
Mr Speaker, from km 10 to km 15 and km 15 to km 20, the Minister made a statement that the project delayed due to cash flow challenges of the contractor. Would the Minister explain that statement? Does it mean that he has paid the contractor and the contractor has refused to continue with the project? If that is the situation, what does the contractual agreement say? Or has his outfit not paid for the work done? If that is the situation, why would he issue warning letters again?
Mr Amoako-Attah 1:44 p.m.
Mr Speaker, I indicated in my answer that the road has been plotted into four of length 5km each. Each lot is being executed by a different contractor.
Mr Speaker, I indicated that the delay of work in all instances may be
due to the cash flow problems of the contractors. I said so because I know the contractors involved and from time to time, these contractors are being paid. I would not stand here and say that payment to contractors in this country has been the best, but within the confines of the financial difficulties, these contractors are paid periodically. I would also want to put on record that anybody who applies to enter into the construction industry is also expected to be resourceful.

You do not out of your own volition enter into road construction empty- handed, otherwise, one would not have any place in there. I have therefore made an appeal to contractors about three weeks ago, so if the Hon Speaker would permit me, I would repeat it that we are embarking on a process of eliminating from our tall endless list, all contractors who have proven to lack capacity, so that we put to a closure this issue of contractors moving to site to just do clearing, which is only point five per cent of the project and moving away, complaining that they have not been paid.

Therefore, the projects delay because the contractors involved had cash flow problems. So, they must sit up to manage their own financial

affairs properly and professionally, otherwise, the contracts would be terminated.

Again, for the purpose of the records, I would give the Hon Member the names of the contractors. The resealing of Bogoso/Prestea Road, the first five kilometres is being undertaken by Possible Agencies Limited. The second Lot, between Lot five and Lot 10 is being undertaken by Asabea Engineering Limited, and the third Lot, which is between kilometre 10 and kilometre 15 is being undertaken by Yakab Prestige Limited.

Finally, the fourth, which is between kilometre 15 and kilometre 20 is being undertaken by Buadak Company Limited. I can say on authority that with the current payment system going on in the Ministry of Finance, which started almost one and a half months ago, all contractors whose certificates are with the Ministry of Finance are being paid.

The Ministry of Finance has released a total amount of GH¢800 million to be paid to contractors across the country, and the document was completed by the Ministry of Roads and Highways only yesterday to the Ministry of Finance, and payment would continue from next week. On that list, I can say on authority on the floor of Parliament that Asabea
Mr Second Deputy Speaker 1:44 p.m.
Very well.
Hon Member, I hope you are all right.
Mr R. W. Cudjoe 1:44 p.m.
Mr Speaker, my question was very straight, but the answer has been very long, still, I do not get the end of it. This is because in the year 2016, I saw how these contractors were serious on the road.
Mr Second Deputy Speaker 1:44 p.m.
Hon Member, please, just ask your question.
Mr R. W. Cudjoe 1:44 p.m.
Mr Speaker, my second question is --
Mr Second Deputy Speaker 1:44 p.m.
Hon Member, it is your third question, and it is your last supplementary question.
Mr R. W. Cudjoe 1:44 p.m.
Mr Speaker, my third question is on kilometre 5 to kilometre 10. He used a phrase there, and he said that the work is substantially completed with the road signs and markings outstanding.
Mr Speaker, just last Sunday, because the youth of the area planned to embark on fix the road demonstration, there was a grader on the road filling potholes at the very place that he said --
Mr Second Deputy Speaker 1:44 p.m.
Hon Member, ask the question please.
Mr R. W. Cudjoe 1:44 p.m.
Mr Speaker, my question is to know when he would fix the signs and the markings on the road that he said he has completed?
Mr Amoako-Attah 1:44 p.m.
Mr Speaker, yes, I indicated that the five kilometre stretch between kilometre 5 and kilometre 10 is substantially completed, and it is left with road signs and land markings. These have to do with the safety issues. Road markings, road signs and other pieces of road furniture like crash barriers and so on could not take more than two weeks. It means that the road itself is 100 per cent completed. This is a bituminous road, and once the road furniture is ready, putting them up and doing the road markings normally should not take more than two weeks.
Mr Second Deputy Speaker 1:44 p.m.
Thank you very much, Hon Minister.
Hon Members, I gave the initial instruction that I would not give any
supplementary question to any other Hon Member apart from the questioner himself, so please, bear with me. We would take the Question numbered 339, which stands in the name of the Hon Member for Kpando, the Hon Della Sowah.
Steps Taken by the Ministry to Rehabilitate Road Network in
Certain Communities in the Kpando Constituency
Mrs Della Sowah (NDC -- Kpando) 1:44 p.m.
Mr Speaker, I beg to ask the Minister for Roads and Highways steps the Ministry is taking to rehabilitate the road network in the following communities in the Kpando Constituency: (i) Echo road (ii) Aloyi roads (iii) Torkor road (iv) Gbofe road (v) Dzewoe roads.
Mr Amoako-Attah 1:44 p.m.
Mr Speaker,
Background
Kpando is the capital of Kpando Municipality in the northern part of Volta Region.
Current Programme
(i & ii) Echo Road and Aloyi Roads
The above-named roads are under the Contract titled “Upgrading of Selected Roads in Kpando Municipality (17.5kms)”.
The project commenced on 7th May, 2015 for completion on 7th November, 2016.
Progress of works is at 8 per cent physical completion. The Contractor is currently not on site due to cash flow challenges.
As a result of the Contractor's non-performance, the project has been recommended for termination.
Work done to date
Site clearance -- 1.7kms
0.6m diameter u-drain -- 1,362ms
0.9m diameter u-drain --19ms
(iv & v) Gbofe Road & Dzewoe Roads
There is no current programme for the Gbofe and Dzewoe Roads.
Future Programme
(iv & v) Gbofe Road & Dzewoe Roads
Engineering studies have been conducted on the Gbofe and
Mr Second Deputy Speaker 1:44 p.m.
Hon Sowah, any supplementary question or you are all right?
Mrs Sowah 1:54 p.m.
Mr Speaker, the Hon Minister in his Answer gave cash flow as a challenge for contractors not being on site, and he again cited non- performance. Mr Speaker, I would want to find out if a contractor like Bugri Naabu Construction Works has abandoned works on the Torkor road, is it due to cash flow challenges or non-performance?
Mr Amoako-Attah 1:54 p.m.
Mr Speaker, it could be both because the latter could give rise to the former.
Mrs Sowah 1:54 p.m.
Mr Speaker, I am entitled to two other supplementary questions.
Mr Second Deputy Speaker 1:54 p.m.
Go ahead.
Mrs Sowah 1:54 p.m.
Mr Speaker, the Hon Minister talked about project
termination. What is the timeline for termination and for re-award?
Mr Amoako-Attah 1:54 p.m.
Mr Speaker, I expect that once the contractual processes are gone into to the point of termination and the project is terminated, then, the award or re-award process must follow immediately. Mr Speaker, re-award of a contract would take at least, a minimum of four weeks because of the prescribed procurement processes.
Mr Second Deputy Speaker 1:54 p.m.
Hon Member, your last supplementary question.
Mrs Sowah 1:54 p.m.
Mr Speaker, is the Hon Minister aware that the Dzewoe- Gbofe road, which he said he has no plans for, is a cocoa growing area, and fixing that road would increase the cocoa output in the area?
Mr Amoako-Attah 1:54 p.m.
Mr Speaker, until now, I did not know it is a cocoa growing area, even though I am aware that cocoa grows well at certain parts of the Volta Region. I thank my Hon Colleague for that information. Apart from the fact that people everywhere need roads, this is an added advantage to push for the road to be constructed for that economic cash crop, which is the
mainstay of this nation, to be transported to the port.
Mr Second Deputy Speaker 1:54 p.m.
Hon Sowah, you may take your second substantive Question - Question 340.
Accessible Road Network for Debidebi Avega
Mrs Della Sowah (NDC -- Kpando) 1:54 p.m.
Mr Speaker, I would like to ask the Minister for Roads and Highways when the people of Debidebi Avega, in the Kpando Constituency, will be provided with accessible road network.
Mr Amoako-Attah 1:54 p.m.
Mr Speaker, Kpando is a town and capital of Kpando Municipality in the northern part of the Volta Region.
Current Programme
There is no programme for Debidebi Avega roads.
Future Programme
Engineering studies have been conducted on the Debidebi Avega roads for implementation under subsequent budgets.
Mr Second Deputy Speaker 1:54 p.m.
Hon Member, any further questions?
Mrs Sowah 1:54 p.m.
Mr Speaker, the Hon Minister said that engineering studies have been conducted. I would want to know if the studies revealed that there is only a four kilometre footpath to that area. That is the only access they have.
Mr Amoako-Attah 1:54 p.m.
Mr Speaker, what is in my knowledge at this moment is the road between Debidebi Avega, and that is what has been responded to. However, if there is any adjoining road, once this particular road has been engineered, I can only assume that if there is an adjoining road, it should be part of it. Even if we find out later on that it is not part of it, since it is of a greater interest to the people in the area, we could add it before we procure the entire road.
Mr Second Deputy Speaker 1:54 p.m.
Hon Sowah, is it your last question?
Mrs Sowah 1:54 p.m.
Yes. Mr Speaker, on a lighter note, is the Hon Minister aware that he is commended as being a hope giving one and a quick assurance giver? Hon Members of the Committee on Government Assurances are listening to all his assurances. [Laughter.]
Mr Amoako-Attah 1:54 p.m.
Mr Speaker, I thank my Hon Colleague and dear Sister for that compliment. [Laughter.]
Mr Second Deputy Speaker 1:54 p.m.
Hon Minister, we thank you so much for attending upon the House to answer 11 separate Questions. We are so grateful to you. You are hereby discharged.
May I invite the Hon Minister for Local Government, Decentralisation and Rural Development to also answer some Questions from Hon Members?
The first Question for the Hon Minister for Local Government, Decentralisation and Rural Development is from the Hon Member for Upper Manya Krobo, Hon Bismark Tetteh Nyarko.
Hon Member, the Hon Minister is here so, you may ask your Question.
MINISTRY OF LOCAL 1:54 p.m.
GOVERNMENT, 1:54 p.m.
DECENTRALISATION AND 1:54 p.m.
RURAL DEVELOPMENT 1:54 p.m.
Mr Bismark Tetteh Nyarko (NDC -- Upper Manya Krobo) 1:54 p.m.
Mr Speaker, I would like to ask the Minister for Local Government, Decentralisation and Rural Development when the new public toilet at Sekesua, near the market, will
be completed and handed over for use by the residents.
Minister for Local Govern- ment, Decentralisation and Rural Development (Mr Daniel Botwe) (MP): Mr Speaker, I am told the contract for the 10-seater water closet toilet facility was awarded in 2019 under the Infrastructure for Poverty Eradication (IPEP) project by the then Ministry of Special Development Initiatives. We respectfully request that further details on this matter be directed to the Secretariat of the Special Development Initiatives.
Mr Second Deputy Speaker 2:04 p.m.
Hon Member, are you satisfied with the answer provided by the Hon Minister?
Mr B.T. Nyarko 2:04 p.m.
Mr Speaker, no, I am not satisfied. I have a couple of follow-up questions to ask him.
Mr Second Deputy Speaker 2:04 p.m.
I would allow you to ask one supplementary question.
Mr B. T. Nyarko 2:04 p.m.
Mr Speaker, the Special Development Initiative is no more a Ministry and our Questions are supposed to be filed to an Hon Minister, so I would want your
directive as to which Ministry this secretariat falls under.
Mr Second Deputy Speaker 2:04 p.m.
Hon Member, I may also guess if I should give any directive so you may find out from the appropriate quarters.
If you have any supplementary question, you may ask; otherwise, we would continue.
Mr B. T. Nyarko 2:04 p.m.
Mr Speaker, I am guided. I would find out from the Hon Majority Leader.
Mr Second Deputy Speaker 2:04 p.m.
Very well.
We would take Question 258 which stands in the name of the Hon Member for Kpando, Mrs Della Sowah.
Mr Second Deputy Speaker 2:04 p.m.
If the Hon Member is not in the House, we would take Question 259 which stands in the name of the Hon Member for Salaga South, Hon Mohammed Ibrahimah.
Hon Member, you may ask your Question.
Ms Zuwera Mohammed Ibrahimah 2:04 p.m.
Mr Speaker, before I ask my Question, I would want to humbly request that when you mention my name and you do not add ‘Zuwera', it sounds like a male's name because ‘Mohammed Ibrahimah' are both male names. My name is ‘Zuwera Mohammed Ibrahimah'.
Motorbikes for Assemblymen to Facilitate Their Work
Ms Zuwera Mohammed Ibrahimah (NDC -- Salaga South) 2:04 p.m.
Mr Speaker, I beg to ask the Hon Minister for Local Government, Decentralisation and Rural Development when Assemblymen would receive their motorbikes to facilitate their work.
Mr Botwe 2:04 p.m.
Mr Speaker, the procurement and supply of the motorbikes to the Assemblies have been slightly delayed. The delay, we are informed, was due in part to the backlog of shipments into the country due to the COVID-19 pandemic. The supplier has informed the Ministry that the motorbikes will arrive in three consignments and can be distributed to all Assemblymen by end of September 2021. The first consignment of 2,900 motorbikes have arrived and have been assembled and are ready for distribution. The Ministry has
Mr Botwe 2:04 p.m.


inspected and certified the motorbikes. The distribution is expected to commence next week. The second consignment of an additional 2,000 motorbikes is expected to be ready for distribution by the end of August 2021 with the final consignment by the end of September 2021.
Mr Second Deputy Speaker 2:04 p.m.
Hon Member, do you have any further question?
Ms Ibrahimah 2:04 p.m.
Mr Speaker, in the Hon Minister's answer he said that 2,900 of the motorbikes have been assembled and are ready for distribution next week, so I would want to find out from him whether the distribution plan would include Assemblymen of the East Gonja Municipality since we all know the tiring conditions under which they execute their duties.
Mr Botwe 2:04 p.m.
Mr Speaker, I would want to assure the Hon Member that her constituency and for that matter the district would be part of those who would receive the first consignment.
Mr Second Deputy Speaker 2:04 p.m.
Hon Member for Kpando, Mrs Della Sowah, you were not in the House early on, so you may now ask your Question.
Offices for the Kpando Municipal Assembly
Mrs Della Sowah (NDC -- Kpando) 2:04 p.m.
Mr Speaker, I beg to ask the Hon Minister for Local Government, Decentralisation and Rural Development when the Kpando Municipal Assembly will have its own offices.
Mr Botwe 2:04 p.m.
Mr Speaker, the Ministry has not received any formal request for offices from the Kpando Municipal Assembly. The Ministry through the District Assemblies Common Fund has constructed and is constructing offices for Metropolitan, Municipal and District Assemblies (MMDAs) across the country. The criteria for consideration include MMDAs who lacked office accommodation or due to the dilapidated nature of their offices, among others. A decision to construct offices for the Kpando Municipal Assembly will be subject to assessment and availability of funds. The Municipal Assembly should put in a formal request to the Ministry through the Regional Coordinating Council for consideration.
Mr Second Deputy Speaker 2:04 p.m.
Hon Member, do you have any supplementary question?
Mrs Sowah 2:04 p.m.
Mr Speaker, the Municipal Assembly currently uses the office of the Ghana Health Service because they do not have an office of their own, so would the Hon Minister be kind enough to add them unto his list?
Mr Botwe 2:04 p.m.
Mr Speaker, as soon as we receive the formal request I could assure the Hon Member that it would be favourably considered.
Mr Second Deputy Speaker 2:04 p.m.
Hon Minister, we thank you for attending upon the House to answer questions from Hon Members. You are hereby discharged.
Let me invite the Hon Minister for Education --
Mr Second Deputy Speaker 2:04 p.m.
Hon Majority Leader, any direction please?
Mr Kyei-Mensah-Bonsu 2:04 p.m.
Mr Speaker, we could deal with Motion listed as item numbered 14.
Mr Second Deputy Speaker 2:04 p.m.
Hon Members, order!
Hon Members, item numbered 14 -- Motion.
Yes, Hon Chairman of the Committee?
Chairman of the Committee (Mr Samuel Atta Akyea) 2:04 p.m.
Mr Speaker, with the greatest of respect, Motions numbered 14, 17, 20, 23 and 26 are similarly circumstanced but they are captured in one report. So I crave your indulgence that by moving Motion 14, I have moved all.
Mr Second Deputy Speaker 2:04 p.m.
Very well, your leave is granted.
Mr Akyea 2:04 p.m.
I am grateful.
MOTIONS 2:14 p.m.
Chairman of the Committee (Mr Samuel Atta Akyea) 2:14 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until, at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved,
Chairman of the Committee (Mr Samuel Atta Akyea) 2:14 p.m.


the Motion for the adoption of the Report of the Joint Committee on Mines & Energy and Finance on the acquisition by Ghana National Petroleum Corporation (GNPC), through GNPC Exploration and Production Company Limited (GNPC Explorco) of 37 per cent interest in Deep Water Tano/Cape Three Points (DWT/CTP) operated by Aker Energy Ghana Limited; and 70 per cent stake in the South Deep Water Tano (SDWT) operated by AGM Petroleum Ghana Limited may be moved today;
THAT NOTWITHSTANDING 2:14 p.m.
Mr Andrew Kofi Egyapa Mercer 2:14 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved Accordingly.
Mr Second Deputy Speaker 2:14 p.m.
Hon Members, we would move to the substantive Motions.
Mr Akyea 2:14 p.m.
Mr Speaker, with the greatest of respect, the Motion numbered 15 in substance is also similarly circumstanced with those numbered 18, 21, 24 and 27 because
of the fact that they are captured in one Report. So, if you would permit me, I would move them in same manner.
MOTIONS 2:14 p.m.
Chairman of the Committee (Mr Samuel Atta Akyea) 2:14 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Joint Committee on Mines & Energy and Finance on the acquisition by the Ghana National Petroleum Corporation (GNPC), through GNPC Exploration and Production Company Limited (GNPC Explorco) of 37 per cent interest in Deep Water Tano/Cape Three Points (DWT/ CTP) operated by Aker Energy Ghana Limited; and 70 per cent stake in the South Deep Water Tano (SDWT) operated by AGM Petroleum Ghana Limited; and
THAT THIS HONOURABLE 2:14 p.m.
THAT THIS HONOURABLE 2:14 p.m.
Mr John Abdulai Jinapor 2:24 p.m.
Mr Speaker, it is important that we set the records straight and carry the people of Ghana along and also use this opportunity to educate the people of Ghana in respect of what we are specifically doing today.
I say so because there has been a lot of misrepresentation. Even yesterday, it was widely reported that this House considered this Agreement and in less than 24 hours, approved a loan amount of US$1.65 billion.
Mr Speaker, with your permission, let me put it on record that, that is inaccurate and untrue. This House has not approved any loan amount. Your Committee which is a Joint Committee of Finance and Mines and Energy has not even recommended the approval of any amount, let alone, deliberate on that amount here. It is true that Government presented a proposal through the Speaker who referred it to the Joint Committees.
We do a lot of deliberations at the committee level; we ask questions and probe the issues. What we are presenting here is a Report from the Committee. We are not presenting the memorandum from the Hon Minister for approval. We have considered the
issues and when the committee submits a Report, it is for the House to either accept or reject it.
Mr Speaker, so, it is based on the recommendations from the Committee. I would plead with the public, especially, the media to report these issues accurately. Firstly, government wants to increase the shares of Ghana through GNPC/ Explorco in these two fields to be consistent with our provision and we have long maintained this position and that is why we established Explorco.
So, in principle, we are not against GNPC/Explorco increasing their shares or stake. That is the first point.
Mr Speaker, secondly, we have made it clear that we are instructing the Hon Minister and I am happy that the Hon Minister for Energy is here as well as representatives from the Ministry of Finance to go and negotiate the final Agreement. Let me reiterate this: we are saying that there have been a lot of issues raised with the evaluation, underlying price assumptions and all those issues by civil society and even when I am asked what this Committee has done and what civil society is advocating for, there is not much difference.
What is the difference? We are saying that they should go back and negotiate to bring the price down as much as possible and when they are done with the negotiation, they should bring it back to this very House for consideration. That is what we are saying. What else can a Committee do? Committees do not negotiate and Parliament does not negotiate but we grant approval and we are directing the Hon Minister to go back and re- negotiate and come back to us.
Following the approval of the negotiation, if this House decides so, the Ministry says that they will require some money -- in fact, once we are acquiring shares, we need to pay for them. They intend to go to the market based on Cabinet's approval to borrow a certain amount of money. We are saying that we are not even there but let us first approve the Agreement, then we go and negotiate to the best of our ability. After negotiating, we come back again to this House - this is the highest level of transparency we can insist on so that we will then consider the loan Agreement, its terms and conditions and if it is favourable, we approve that.
Mr Speaker, we did not just end there. We went further to say that a technical report from relevant Ministries on the acquisition should be
Mr Second Deputy Speaker 2:24 p.m.
Leadership, I do not know how I should be guided but I am inclined to take four contributions from each Side, including Leadership. So, three Members from each Side and one Leader from each Side.
This is my ruling, so please bear with me. We have a lot to do today. So, I will first and foremost invite the Hon Chairman of the Finance Committee.
Mr Kwaku Agyeman Kwarteng 2:34 p.m.
Mr Speaker, it is important for me to draw attention to the fact that I co-signed this Report with the Hon Chairman for the Committee on Mines and Energy. We did so for reasons that he himself has eloquently articulated.
I would like to reiterate the point that Hon John Abdulai Jinapor made that what we are doing is to give a mandate to our Hon Minsters to negotiate this on behalf of the State. I think the approval of Parliament would signal the interest of the State in this particular transaction.
It would signal the international community that the State, including its National Assembly is very interested and so supports our negotiators as they go to negotiate this transaction on our behalf and that is the reason why we urged the House to give all the approvals that the Hon Ministers seek so that they can proceed to do the negotiation.
Mr Speaker, again, as has already been articulated, the product of our approval will come back to this House for us to see whether, indeed, we
would like to close the transaction in the ways that they would recommend to this House. So, there is not anything to really worry about. I am confident that our Hon Ministers of Finance and Energy will negotiate well on our behalf.

I can already hear considerable public interest in this matter and it is in the interest of the country and interest of the lead negotiators that they return to us with a deal for which we can clap for them. If anything other than that was done, I am sure that this House would not have any hesitation to ensure that the interest of the State is protected.

Mr Speaker, on this note, I thank you for the opportunity and urge Hon Members to approve the Motion so that the hands of our negotiators would be strengthened to do this important assignment on behalf of the State.
Mr Second Deputy Speaker 2:34 p.m.
Hon Ranking Member for the Finance Committee?
Ranking Member of the Committee (Mr Cassiel A. B. Forson): Mr Speaker, thank you for the opportunity to also contribute to the Motion on the Floor and in doing
so, it is important for us to understand that what is before us is nothing but a policy approval request.
We are not being called upon to approve the purchase of a share price, neither are we being called upon to approve a loan facility for the purposes of an acquisition of a share. Mr Speaker, we are simply being called upon to approve a Government policy that seeks to increase the Government of Ghana's stake in Aker Energy and AGM block. Oftentimes, this has been done through the Budget Statement and Economic Policy of the Government and in some cases, it has been done through the Mid-Year Review and Economic Policy of the Government.
Mr Speaker, what surprises me is that the Budget Statement came without this and the Mid-Year Review also came without this. Indeed, if the Government had included this in the Mid-Year Review, there would not have been any need for us to consider this because it would have meant that if we had approved it, then this would have become a consequential approval. Mr Speaker, because this was excluded from the Budget Statement that is why we are here to approve this policy today.
Mr Speaker, I would like to debate this major one with three issues. Firstly, as a professional revenue
Mr Second Deputy Speaker 2:44 p.m.
Mr Speaker, on another point, I would say that as a House we should be very careful with some of the agreements that we approve. In 2018, we sat as House and some of us criticised very well that we are giving too much freebies to Aker Energy. We approved enormous fiscal concessions to this company to the extent that the entire development cost became tax deductible in the form of capital allowance. As such, this company would get away with US$1.6 billion in the form of tax concessions.

The Government of Ghana's decision to acquire those shares would mean that this US$1.6 billion that would have gone away, we would get back about US$1.2 billion.

Mr Speaker, in my view, this is heart-warming. It is heart-warming in the sense that it would be Explorco that will get a tax benefit of US$1.2 billion which is a form of capital allowance. What this simply means is that Explorco would actually be declaring fat dividends, and Government of Ghana would get the returns, unlike a company like Aker Energy taking away this tax concessions.

Mr Speaker, I think we should be guided by that. Sometimes, when we raise these major concerns, it is not for political gains; it is for the interest of all of us. Honestly speaking, if Aker Energy and AGM as it stands now had proceeded with this, in the lifetime of their production in Ghana, they would not have paid any corporate income tax. This is because with US$1.6 billion being tax deductible as part of development cost, I do not think any country would offer this kind of tax concessions to any company. So we should be guided by that. I am happy that we are getting this back.

Mr Speaker, to conclude, let no one have the impression that Parliament has approved for the Ministry of Finance to go and borrow an amount of US$1.3 billion. We are not there yet, and we have not made that kind of approval. Again, the Parliament of Ghana has not approved a share price. What we have been asked upon to do is to give a policy mandate for them to increase their shares.

I wish to say that we wish the negotiators well, and we pray that they would do this in the interest of the Republic. They should be guided that, importantly, GNPC Explorco is a Ghanaian company and when they

make the returns, it would be in the interest of the Republic.

Thank you, Mr Speaker.
Mr Second Deputy Speaker 2:44 p.m.
Very well.
Let me invite my Senior Colleague and the Nkosuohene, to wit, the Chief responsible for developmental projects for Adansi, Hon K. T. Hammond.
Mr Kobina Tahir Hammond (NPP -- Adansi Asokwa) 2:44 p.m.
Thank you very much, Mr Speaker.
Mr Speaker, there is this proverb that runs as follows 2:44 p.m.
“Knowledge is like the baobab tree, and no man's arm can encompass it”.
There is a lot of wisdom in that.
Mr Speaker, there is also this aspect to the proverb. No single individual or organisation is a repository to all the knowledge in the world. It is for this reason that sometimes it troubles some of us when some institutions outside Parliament take the view that they have all the knowledge there is to know about everything. In their own
ways, they throw all sorts of invectives, dilutives and expletives at Parliament.
Mr Speaker, last night, on one of the platforms, there were these three blogs. I wonder if my Hon Colleague, Hon Suhuyini, is preparing to bring them to the Privileges Committee. Everything was said about Parliament, that we have no brains. They see grey like this and think there is no iota of sense in our brains? I smiled. They say the Hon Minority Leader has no brains; the Hon Majority Leader has no brains? It was on a platform; Hon Members should go and listen to it. I think my younger Brother, the Hon Member, is actually watching it as I speak. He is watching and laughing.
Mr Speaker, I have got this document here which seems to have been -- I do not understand if it is the membership list which is here or the distribution list. There is no signature, and it is a press release from Alliance of Civil Society Organisations (CSOs) working on extractive and anti-corruption and good governance. I have not heard some of these names before. There is African Centre for Energy Policy; Centre for Extractive and Development Africa; National Collision on Mining; IMANI Ghana, which I have heard before; Inte- grated Social Development Centre.
Mr Haruna Iddrisu 2:44 p.m.
On a point of order.
Mr Speaker, Hon K. T. Hammond is my uncle, and he knows I respect him so much, but he just used the words “absolute ignorance”. Because Parliament is a forum where citizens and civil society are by the 1992 Constitution supposed to add their input to what we do, I feel “absolute ignorance” are strong words to use.
This is because tomorrow we would need the same civil society groups in some of our dialogues. Some of the advice and suggestions they have offered have been very helpful in protecting the interest of the State and citizens. So I find the words “absolute ignorance” way harsh.
Mr Second Deputy Speaker 2:44 p.m.
Very well. Hon Senior Member --
Mr Hammond 2:54 p.m.
Mr Speaker, I am not so sure. If somebody is talking from a point of ignorance, I am not sure how I should describe it. I am giving credit that, for once, the language is not intemperate, and so I would also come down.
However, the point is that, if they had gone to the source, their knowledge would have improved. They did not, and it is ignorance. I do not know what my younger brother is worrying about. He should give me a phrase to swap it with. In place of “ignorance”, what do I write? Not adequately informed?
Mr Speaker, if that satisfies his gastronomy, then I will say they were not adequately informed.
Mr Speaker, this morning, I happened to read quite a lot about what is -- [Laughter] When you read on this -- This is grammar; let us be careful.
Mr Speaker, I happen to read quite a lot on what is happening in international community with respect to fuel resources, the hydrocarbon potentials of this world. We should be very careful about what is going on. We would end up in a situation where we have all the resources, but we would not have any use for them.
Nobody is telling the GNPC and the responsible institution to go out to do whatever they decide to do. We are here and intend to superintend on what they are doing, but so far, Hon Members who have spoken have given the impression that we are
happy to let GNPC go out there and do what we expect of them.
However, nobody makes the mistake about what is going on. When you read it, you would panic. Mr Speaker, all the western capitals are raiding in the Seven Sisters.

Hon Ato Forson makes the point about Aker Energy when they came in the last time in 2018 when we had to do what we did.

It is true that there were a lot of unhappiness about what happened, but in my view, it is significant that by what we are doing today, we are crawling back whatever advantages that we would have given out for free. We are getting it back. Let us encourage GNPC; let us help the Explorco. Quite a lot of you would know that they have not been friends of this House for a very long time, particularly some of us.

When they started, we were not quite sure. Why GNPC and Explorco - maybe, it was a point of ignorance on our part. We did not quite understand where they were heading instead of GNPC itself. Now, we understand what they intend to do. Let us allow them to be an operator. That is what we lack.
Mr Emmanuel A. K. Buah (NDC -- Ellembele) 2:54 p.m.
Mr Speaker, the basis for which this Motion is being approved has been variously stated so I would not dwell on that.
But Mr Speaker, one of them was that there is an oil transition. One of them is that we have to basically support GNPC to build capacity and also if we do not take this action, we would have stranded assets.
Mr Speaker, what is really important today is that we have to ask the question of how we got here. Not too long ago, we were here debating; giving amendments to our own
petroleum agreements and giving Aker Energy certain concessions.
Mr Speaker, today, the NPP Majority must really apologise to the people of Ghana and to the Minority. I say this because Hon Ato Forson has stated the various tax freebies that we gave this company.
Secondly, we did something that we have never done. We have passed a law, (Act 919), which states that when you discover; you release, you relinquish the area you have not discovered back to the State. We made an amendment to allow Aker Energy to have all those contract areas.
Mr Speaker, we did not stop there. We took the power of the Petroleum Commission to regulate. Mr Speaker, today, do you know the sad commentary? The regulator of the resources cannot even come close to this discussion because their power to police their industry was taken away.
Mr Speaker, I am submitting that if we are to go forward, we have to make sure we do an amendment and empower the Petroleum Commission in this Agreement.
Mr Speaker, this is what this Minority was fighting for. Today, the
NPP Majority is telling us that now they see the light that Explorco as a strategic arm of GNPC is important. We took Ghana's own share of 43 per cent, and reduced it to 18 per cent, and the reason why Ghanaians are all getting confused about these discussions is that not long ago, they heard that we had given our assets to Aker Energy and now they are hearing that we are buying it back.
Mr Second Deputy Speaker 2:54 p.m.
Hon Member, hold on. The Rt Hon Speak will take the Chair.
MR SPEAKER
Mr Speaker 2:58 p.m.
Hon Member, you may continue.
Mr Buah 2:58 p.m.
Mr Speaker, we were talking about the concessions we gave to Aker Energy and the issues we raised.
Mr Speaker, today, in this transaction, it is clear that all the promises that this Aker Energy made to us - they were going to fast-track development to produce oil. It did not happen. They cited COVID-19 but clearly, if we go down and look at this deal, they are simply strategically shifting all the risk to the Republic of
Ghana and GNPC in terms of the development.
Mr Speaker, we have to think about this. Aker Energy bought this resource from us. We know they have done a lot of work but do not let us forget that they spent US$100 million in buying the Aker Energy part of the block.
Mr Speaker, I think the point that has been raised here is very important. What is the value of the asset on the ground? How has it been evaluated? We have talked about the evaluations that have been done. But Mr Speaker, I think that we know how many oil drills that they did. We know that Aker Energy did five.
So, Mr Speaker, the amount that Aker Energy says they have spent which is about US$800 million is something that we must probe. So when we are pushing that this must be looked at, it is not only the financial negotiations. We must probe further into how much work they have done and how much they have spent.
It is critical to look at one important aspect of this discussion we are having. The operator in the Aker Energy Agreement -- we have Aker Energy, we have Luke oil -- Aker Energy in its old agreement had 50 per cent. In the new agreement, their shares would be completely reduced
Mr Buah 3:04 p.m.
in the Aker Energy block to 13. Luke oil still has 38 per cent even in this new agreement. The question must be asked, between Aker Energy and Luke oil, who has the technical capacity to be the operator? And in our laws, it is the Hon Minister, on the advice of the Petroleum Commission.
The Hon Minister has a very huge responsibility to value this very important decision. Are we satisfied with ourselves that Aker Energy who do not have a bigger stake now would be the operator? Is it something that we can monitor? If we are going to let Aker Energy which is basically not going to have too much interest be the operator, it is important that we strengthen the regulator to ensure we minimise cost. Other than that, we cannot guarantee that the company that does not have the higher interest would be a fair operator. It is very important.
Mr Speaker, the other important aspect that must be looked at has to do with the two blocks we are putting together. We have the Aker Energy Deep Water South Tunnel Basin and then the South Deep Water. We know that the first bloc -- there are discoveries; there are proven reserves. We know that the second block is deep water -- 3000ms deep. The technology to develop it is quite
frankly not available. We know that in that bloc, there were only two drillings. The commerciality of one discovery is questionable.
Mr Speaker, we need to really ask ourselves - in these two transactions, which one would we be better off basically focusing on the Aker Energy transaction and the other one? Interestingly, we are buying 70 per cent of the riskiest of the blocs. These are questions that are important in this transaction that we must ask. We are here because we believe we have fought for the interest of the Republic.
Mr Speaker, what fundamentally we all want is that GNPC must have the capacity to drill and develop these wells. If they did, we would not need these companies. We would be talking about the work programme of GNPC in a moment and we have to look at what the focus of GNPC is.

When we say that GNPC must focus on its core mandate, we would not just say that because that is what is really important; that is what will help the Republic of Ghana in the long run. So, it is not funny at all to see us spending millions building schools, astroturf and people are claiming political credits for them. That is not the work of our national oil company. In this discussion, it is obvious that if

we agree that we would want GNPC to build capacity, we must jointly do so, and ensure that we would give GNPC money annually and we would monitor to ensure that they build their capacity to drill and produce oil for Ghana. That is the discussion we are having, and that should be the way forward.
Mr Kwabena Okyere Darko- Mensah (NPP --Takoradi) 3:04 p.m.
Mr Speaker, thank you for the opportunity. Before I go to the main subject, I believe that there are key issues that have been raised on the Opposite side that need clarification.
Mr Speaker, one of them is about the tax concessions that were given to Aker Energy. As far as we are concerned, I believe that if these tax concessions will accrue to GNPC Explorco for the investments they are making in this project, then clearly, it shows that the decision we took long time ago was correct and valid.
Secondly, the issue about the operator being Aker, I believe that the document that was sent to Parliament has answered it, because we are no more looking at Aker Energy as the operator, but joint operations between
GNPC Explorco, Aker Energy and all the other partners. With a position such that we need to register that as joint operations, clearly, his fears about Aker Energy operating this field is no more tenable.
Mr Speaker, the most important thing is that I believe this opinion has been sent to Parliament for approval as a policy, which is about Ghana going beyond aid. If you take all investments that have taken place in this country, the reason why we do not get best benefits from all our natural resources and extractives is because for a long time as Ghanaians, we have never owned the productive assets of this country. Other people bring their money, make the profit, and take the money away.
If we are getting an opportunity in these times to enable us to raise our own money to invest in these assets and keep the profit in Ghana, this is the only way I think we can go beyond aid. Therefore, I believe that this House should support the Government to approve this policy, so that it can go and negotiate and come back for the other consequential issues with this project.
Mr Speaker, one of the beautiful things about this project is that, they will work in phases and even for the MPSO that would be used, it would
Dr Kwabena Donkor (NDC -- Pru East) 3:04 p.m.
Mr Speaker, this happens to be one of those issues and policies that call for a national consensus, especially the political class. It calls for a national consensus and it is also an eye opener to the effect that having the numbers in Parliament should not always be the sole determinant of policy.
Mr Speaker, in principle, on the Minority side, we support the idea of GNPC and its subsidiary Explorco having more shares, particularly, equity shares in the two blocs. We support that in principle. For us, we have, through a surreptitious route, come back to where we started. Our starting position was to develop the ability of the National Oil Company to be an operator in the medium to long term. It was not for nothing that, particularly, the AGM Bloc, we
insisted that Explorco had a commercial interest in the bloc.
Therefore, today, even though I think we are two or three years late, it is an important milestone that we give Government and its officials the mandate to go and negotiate, and that mandate is important. There are also strategic objectives for us as a nation in getting National Oil Company capacitated beyond just these two blocs. The whole of the Keta Basin is still available for exploration. The Accra Basin is also available for exploration.
Going forward, and with the geopolitics that is emerging on energy, it becomes imperative that we develop indigenous capacity to manage our own resources. In that light, it is important that we support the policy. However, we would also be mindful of cost in supporting the policy. It is for this reason that the joint committee went below the ceiling established by Cabinet.
Mr Speaker, I am also happy because Parliament would also be seen to be asserting itself and we believe whatever quantum is negotiated, this House will still have the opportunity to interrogate those figures, and even send them back if we think there is more advantage to be gained in that.
3. 14 p.m.
Therefore, we should all be clear in our minds that this is only policy. We are giving them the permission to go and negotiate.
Mr Speaker, I also want to use this opportunity to encourage this House that we have a responsibility to protect and develop national institutions. We shouted from tree tops when the Petroleum Commission was being diminished by the amendments to the Petroleum Agreement.
Mr Speaker, this gives us an opportunity to restore the Petroleum Commission to the role that this House gave the Commission, and we should never again, going forward, allow any Government be it the National Democratic Congress (NDC) or the New Patriotic Party (NPP), the Convention People's Party (CPP), or the All People's Congress (APC) to diminish the role of our regulatory bodies.
Mr Speaker, in energy policy, one would need a stronger regulator when one seeks to deregulate. This is because it is the regulator that protects the interest of the public, and this House must no longer be seen to be an accomplice in shortchanging the Ghanaian public by diminishing the role of the regulator.
Mr Samuel Atta Akyea 3:04 p.m.
Mr Speaker, I thank you for giving me the opportunity to support this Report.
Mr Speaker, in the 1920s the country decided to take a bold decision, and they came up with Andreini Generali (AGIP). AGIP was formed in the 1920s by the Italian Government to pursue the oil exploration and production, and we benefited from it. The Tema Oil
Refinery (TOR) is a handiwork of AGIP. Today, in Ghana, one of our biggest investments in the energy sector; ENI was established after the Second World War when AGIP restructured. It was established when the National Oil of Italy gave us that investment. Petronax Energy Limited is one of the biggest oil companies on this planet, and it is a Malaysian company. Indeed, they also started at a point where they all believed that the country needed this opportunity and change.
Mr Speaker, we can go on and on. Petrobras in Brazil has also done the same. It is about time that as a country we made such a decision. Acquisition of such an asset is a strategic thing for us. Yes, we may have our own challenges, but this is the time for us to make such a decision as a country. We need this to be able to support the energy sector.
Mr Speaker, what this would do for us is a lot. Indeed, we are talking about energy security. With this policy, the country can be assured of its energy security. Technology is something that we all need now in this sector. Giving GNPC and Explorco this opportunity would enhance their technology. They would be able to go to even other countries to work. I strongly believe in what my Hon Senior Colleague, Dr Donkor said. Obviously, we would have to support this Report.
Mr Speaker, again, we are going to increase our revenue. As a country, when this comes to mainstream, our revenue would increase, and this is something that would help to enhance the country's development. Indeed, even with our foreign policy, when we build a strong national oil company, our foreign policy would be enhanced because there are the seven sisters, who would want to ally and work with us, and we would have a better ally in terms of the energy industry.
Mr Speaker, job creation would be enormous, and local content as they said would go high. I strongly believe that the acquisition of an asset such as this is something that we all have to pursue and support, and I would urge this House, with your leave, and without any reservation to support this policy to enhance our national oil company to become one of the best oil companies in the country and on this planet.
Dr Dominic Akuritinga Ayine (NDC -- Bolgatanga East) 3:04 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion.
Mr Speaker, before I came to Parliament, I taught natural resources law for 13 years. One of the topics that I taught was the Political Economy of Natural Resource Regulation, and I remember distinctly that one of the things that I told my students every time I started teaching this subject was the fact that in the natural resources sector, the investor often knows more about the value of the underlining asset or the resource than the owner of the resource, and that is because it is the natural resource investor that does prospecting when it comes to the solid minerals sector.
In the case of hydrocarbons, it is the investor who does the exploration and develops the field, and is able to determine the value of the underlining natural resource more than the owner. So, information about the value of the resource is often asymmetrically held between the investor and the owner of the resource. The way one would solve the problem of information would involve asymmetries as far as the value of the underlining resource is concerned is through regulation. That is why one would have to make it mandatory to be either through statutes or through the regulations for information about the resource to be submitted periodically to a person, so that as the owner, the person would know what is underground.
Dr Dominic Akuritinga Ayine (NDC -- Bolgatanga East) 3:24 p.m.
Mr Speaker, the Hon Ato Forson and the Hon Buah all pointed out that in 2018, we amended the Petroleum Commission Act when we were approving agreements in this House in favour of Aker energy.

We took out the power of the Commission to regulate the activities of this same company. I was the person who pointed out that what Parliament was doing was unconstitutional.

I argued before this House that the Constitution empowers Parliament to establish Commissions to regulate the natural resource sector. When we have established a Commission in the form of the Petroleum Commission, and we turn around and take away its power to regulate an entity in the sector, we are acting unconstitutionally. Mr Speaker, the Hansard of that day recorded my opposition to the amendment. The Majority had their way even though I had my say. Rather, let me say, the Minority had its say and they had their way.

Mr Speaker, this transaction that we are about to approve will entail that we know exactly what the value of the two fields that are the subject

matter of the Memorandum that the Hon Minister has brought to this House for the policy approval are. As the Hon Member for Ellembele, Mr Emmanuel Armah Kofi Buah, has pointed out, one of the fields has not been appraised.

Mr Speaker, I am afraid that if we do not involve the Petroleum Commission, we may end up in a situation where we are about to buy pork in a bin. It is precisely what we are doing. I am happy that what we are to approve today is subject to their bringing a series of agreements pursuant to this transaction for approval by Parliament. It is in the substance of those agreements that we will see whether what we are doing today is in the best interest of the people of this country.

As the Hon Member for Ellembele, Mr Buah, pointed out, we may need to revisit the situation where we have taken out the regulatory power of the Petroleum Commission as far as the activities of Aker Energy are concerned. We should restore that into the statute so that the Petroleum Commission would be involved.

Mr Speaker, if we do not do that, even the validation of all the values and the cost cannot be done by the Petroleum Commission. Otherwise,

the Hon Minister -- that is why I am happy he is here -- needs an independent consultant that would go into the figures that have been submitted to us so that in the agreement that would be brought, he would attach the report of the independent consultant so that Parliament is apprised of the exact value of the resource before we approve the agreements for him.

Mr Speaker, another concern that I have with respect to what we are doing today is the effect that it might have in the course of the negotiations. For instance, if Aker Energy decides to walk away from negotiations with GNPC or the Government of Ghana, and a dispute is triggered as a result of that, what that would mean is that they would invoke the dispute settlement provisions of their petroleum agreement, and go to international arbitration.

Mr Speaker, as a seasoned lawyer, I am sure you know that the Balkan Energy arbitration and the Bankswitch arbitration were two arbitrations in which the name of Parliament was invoked in favour of the investors because the arbitral tribunal said that if our Parliament, with open eyes, and the full complement of information, approved this agreement, the Government of Ghana could not resile

out of those agreements by saying that there had been a breach by the investor.

It is important that we make it clear that by approving what we are to approve today, we are not binding the Government of Ghana to any terms and conditions agreed upon between the Government of Ghana and Aker Energy or GNPC and Aker Energy. We must make that very clear. It must go on record so that tomorrow, when they go to arbitration, they would not use the name of Parliament in order to get what they want.

Lastly, whatever we do here, we must take account of the issue of intergenerational equity. We on this Side are very passionate about intergenerational equity because we are social democrats. Because of that, we care about future generations. Thus, when we have a situation where we are to approve transactions that may have welfare reducing consequences for future generations, we have to be very careful. That is why we must insist on the full complement of information so that the Agreement that we have brought individually would be scrutinised by us in terms of our role in scrutinising the Executive branch of Government.

With these few words, I support the Motion.
Minority Leader (Mr Haruna Iddrisu) 3:34 p.m.
Mr Speaker, I thank you for the opportunity to contribute to the Motion.
This is a loaded Motion and in contributing to it, I would want to refer the House to the conclusions and recommendations of the Report. However, before I do so, what the Hon Minister for Energy and the Majority Side in Government should do is to swallow a humble pie and accept that this is a major policy shift from their position in 2018 on the same matter on how to position GNPC and Explorco for the purpose of the exploration production and the development of Ghana's oil resources. Nothing more.
Today, they have come back to the original position which was the position canvassed by the Minority in the same 2018 that we should not take
off that 24 per cent interest and that we should not reduce Explorco's interest to zero per cent. This was our position. I do not intend to go into the politics of it but I just want to put it on record. I have with me the Hansard of Friday, 3rd May, 2019 which, with your permission, I beg to quote what the Hon Member for Adansi Asokwa, Mr K.T. Hammond said in column 7935. He is in the House and my mother once said to me that my witnesses should always be alive.
“Now a new Government, incidentally, the NPP Government says that we should examine the commercial viability and sensibility of this whole GNPC Exploration and Production Company Agreement''.
At that time, he did not appreciate what an Explorco could do but today probably, he does.
Mr Speaker, I could go further. He even on the same day added this --
“On the day in question 4th December 2013 on the floor of this House, I raised a question of the indigenous components of this Agreement which was then the 2.5 per cent''.
rose
Mr Speaker 3:34 p.m.
Hon Minority Leader, the person you want to quote is up on his feet.
Hon Member, may we hear what you have to say?
Mr K. T. Hammond 3:34 p.m.
Mr Speaker, when one is fighting with his opponent and the opponent is already on the floor, one does not need to repeat the blows and all that. [Laughter] -- Before he came to the House, I made an admission that Explorco had never been my friend, so he does not need to repeat and remind me what I said in 2019. He should let us move forward.
Mr Speaker 3:34 p.m.
Hon Minority Leader, the Hon Member said we should move forward in the right direction.
Mr Haruna Iddrisu 3:34 p.m.
Mr Speaker, so column 7935 is just for the Hansard purposes. It is also significant that in the same contribution, the Hon Majority
Leader had this important statement to make and I want to quote him for the purpose of the record.
“Again, the GNPC's own stake -- the carried interest some Hon Members have not addressed their minds to what we have said. We said in section 7 (3) of the Petroleum Revenue Management Act that after 15 years, this country would no longer resource GNPC''.
Mr Speaker, I have with me a copy of the Petroleum Revenue Management Act of 2016 (Act 815) and I want to refer to section 7 of it. I referred to the Hon Majority Leader's statement because I want to remind us that even in the Mid-Year Review Budget Statement which, with your permission, I beg to quote paragraph 316 of page 55. I want to add this to the Hon Majority Leader's comments for the purpose of stating my own position. The Hon Minister for Finance said that:
“Aside GNPC is looking at opportunities for its subsidiary. GNPC Explorco, to acquire such assets and become an operator in its own right to ensure that hydro carbon resources in the country can be developed. The new strategy may require an amendment or a
revision of the Petroleum Revenue Manage-ment Act''.
Mr Speaker, so the multimillion dollar question I would like to ask is whether this country in the public interest wants to amend the Petroleum Revenue Management Act in order to find resources for the GNPC or it wants to rely on external partners to work in tandem with them for the development of these oil resources. I am not convinced at this point to want an amendment to the PRMA and in particular, to this.
Mr Speaker, again, in 2018 -- and these are some of the questions that civil society and the Ghanaian public have raised and legitimately, they demand and deserve answers from Parliament and people who anchor the policy decision. I would come to the Committee's Report but simply, what we would do today is -- how much did Aker get the particular oil bloc for? We are told it was for US$100 million but it came with what some called freebies. We even ousted the regulatory jurisdiction of the Petroleum Commission honestly not the first time and I think that this Parliament must take a position in the future not to dilute the mandate and authority of our Petroleum Commission, if we are committed to
better regulation of our infinite oil resources -- but we did.
Mr Speaker, in paragraph 7.2 of the Committee's Report, it says that 3:34 p.m.
“The Committee recommends to the House to adopt its Report and approve by resolution the transactions as stated in paragraph 7.1 (a) (b) (c) and (d) subject to the following''.
The subject is conditional, so we would not give the Hon Minister a blanket cheque. We expect that one, whatever loan is so determined in pursuit of this Agreement would be brought back to this Parliament for scrutiny and approval in accordance with article 181 of the 1992 Constitution.
Mr Speaker, that the Petroleum Agreement, and I emphasise, with its terms and conditions which outline the responsibility between GNPC Explorco and Aker Energy Ghana Limited shall be laid before Parliament.
Mr Speaker, I now want to raise the fundamental economic question. When they said we should give them a mandate to go and come and the Finance Committee -- we did not study economics. Mr Speaker, I want to refer to page 9 on the Order Paper
Mr Speaker, in paragraph 7.2 of the Committee's Report, it says that 3:44 p.m.
where it is stated that GNPC Exploration and Production Company has 37 per cent interest - then operated by Aker Energy Ghana Limited and 70 per cent stake. So, mathematically, 37 per cent of what? This is because they have not determined the value. Now, they should understand that for the purposes of economics and mathematics that there are value mathematical implications of 37 per cent. This is because 37 per cent of 1.6 billion cannot be the same as 37 per cent of 1.1 billion.

Now a new --

Thirty-seven per cent cannot be the same as any other figure so determined. So, we are giving you a mandate to look at 37 per cent but 37 per cent of what when we have not determined the value?

Mr Speaker, the same Aker Energy -- and we would require that the Minister comes back to this House with full details of their investment. We demand an independent valuation of how much has been invested by Aker Energy since 2018 into this well.

Mr Speaker, we must be careful that they are not coming back to the Government of Ghana with what

probably we granted them in the form of exemptions. We would have to be very careful. We gave them exemptions and now some of these exemptions may come back to us for us to pay for them. So, the Minister has to position himself for us to understand it because we gave them many of those incentives under that particular agreement.

Mr Speaker, since I am reading from the Report of the Committee and I am on their conclusion, we expect that they would bring this. Now, ordinarily, the Hon Minister says they want a mandate to go and negotiate. What it also means again is that --
Mr Speaker 3:44 p.m.
Hon Members, the First Deputy Speaker to take the Chair.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 3:46 p.m.
Yes, Hon Minority Leader, you may continue.
Mr Haruna Iddrisu 3:46 p.m.
Mr Speaker, from the Committee's Report, we expect the Hon Minister to come back.
First of all, GNPC currently, without an amendment to the
Petroleum Revenue Management Act, would not have the resources they are anticipating for. Therefore, they would have to probably borrow. When they borrow, we expect that they would come back under article 181 of the Constitution which mandates Parliament to approve the terms and conditions of the loan. Now, we have no terms and conditions and so what are we approving? [Interruption] - So, we expect that they would bring that.
Mr Speaker, Government would have to accept that there is a policy somersault. Now, they know that there is strength in Explorco and it can do some good. It is a major policy shift.
Mr Speaker, let me conclude now on why I support conditionally what we are doing. It is true that the world is moving majorly through an energy transition and emphasis would not be on fossil fuel. We have seen that the likes of ExxonMobil, Shell and others are moving away from the exploitation of those resources because of the green activists' debates and protests and Ghana may suffer. It may even be the case that Aker Energy may not want to spend more on it. So, we have to prepare on what we would do with our oil resources. Do we develop it? We have to. How do we develop it?
Do we have the technological know- how? We probably do but the financial muscle, we do not and that is why we would need an amendment to the Petroleum Revenue Management Act. I would be hesitant to see it done.

No, if they know the actual figure, it makes the mathematics easier but we are assuming. I am saying that zero per cent of zero is zero but 37 per cent of a certain number and our capacity to absorb it -

Mr Speaker, so we expect the Hon Minister to negotiate and as I have said, it is true that there is international drift away from fossil fuel and many of them may not want to invest in those particular sectors.

Mr Speaker, finally, as the Hon Ato Forson mentioned, what is in the reservoir? We need an independent
Mr Haruna Iddrisu 3:54 p.m.
person to tell what it is that they anticipate is in the reservoir. Then we can look at the numbers as he advised whether they would want to use the US$65 per barrel or 55 per cent per barrel multiplied by the anticipated crude in the reservoir.
Mr Speaker, what we do for Aker Energy, we should be prepared to do it for every other company that is working in Ghana in all fairness. So, what the Hon Minister for Energy would do to incentivise many of these oil companies is that he should extend same because what they expect is fair opportunities. But it is also true --
I have seen some data that there is a gradual decline in our production of oil and therefore, we cannot continue to rely on it. Indeed, the World Bank has warned that by 2030, Ghana probably would run out of the resources.
Mr Speaker, while I raise these critical issues, I expect that the Hon Minister for Energy would respond to us. Even though the Hon K. T. Hammond had his objections - There was a petition to the Hon Speaker copied to Country Directors, IMF and World Bank, Alliances of CSOs working on extractive, anti-corruption and on good governance with a statement.
Mr Speaker, I would just conclude with it. They said that Aker Energy after its agreement with Ghana was abrogated in 2009 and 50 per cent stake in the deep water Tano Cape Three Points block. Subsequently, Aker Energy dominated the policy environment.
They have raised some issues and I think that what is it that all of a sudden the word of Aker Energy from US$100 million in 2018 is US$1.6 billion in 2019? As I have cautioned, they do not give back or sell back to Ghana some of the freebies we gave them to reflect in monetary value.
Therefore, at the negotiation, they would have to be extremely diligent. We expect that we would respond to the public interest concerns that have been raised. If they say that it is now valued at US$800 million, whose value? Beyond Lambert, can this House even authorise a valuation of the value of their investment and the assets in those blocs?
We expect that the Hon Minister for Energy would commission an independent valuation to appreciate whether we should peg it at the US$800 million or not. Because if we add that to the AGM - US$800 million plus US$350 million, it would give us the US$1.1 billion that probably may not be sufficient.
Mr Speaker, let me conclude by saying that a deer does not laugh at its mother's teeth because when it grows, his too will show. I hope that when the Hon Majority Leader is concluding, he would speak to his own words in 2019 when he did not see merit in GNPC and Explorco. When we stood here and advised them to protect that interest, he said it was minority interest. Now, the minority interest is the public national interest of Ghana such that we can position Explorco and GNPC to do more if we support them with the financial muscle and not those naysayers who said at the time that zero per cent for Explorco, zero per cent for GNPC.
Sometimes, that is the beauty and that is why Parliamentary Hansard is important; because of this day. I think that the principle - [Interruption] - I did not reference Minority; I quoted him on PRMA.

Mr Speaker, we expect that they would come back to this House. First, with the Petroleum Agreement with its accompanying terms and conditions with any loan Agreement with its accompanying terms and conditions and finally, the development plan that they wish to do and a concluded negotiated price that reflects the price

at which they bought the oil bloc, their investment and other accompanying deserving things on it.

We expect the Hon Minister for Energy and the Ministry of Finance not to disappoint the people of Ghana in negotiating this particular deal. In the year 2018, it was US$100 million; in the year 2021, it is 1.1billion and we hope that they are selling banks - some of the freebies of incentives that were granted --

Mr Speaker, for the records, never again should this House support watering down the mandate and authority of our Petroleum Commission in any petroleum transaction that comes before this House.
Mr First Deputy Speaker 3:54 p.m.
Yes, Majority Leadership?
Mr Kyei-Mensah-Bonsu 3:54 p.m.
Mr Speaker, further to the discussions that we had, I thought you were in your seat to contribute, so I was looking in your direction. Unfortunately, I did see that you had gone to occupy the --
Mr Speaker, I believe that the House should be doing what is appropriate in the circumstance that we find ourselves in. The Hon Minister for Energy had come to Parliament with a request which was
Mr Kyei-Mensah-Bonsu 4:04 p.m.
that this House, by a Resolution, supported by the votes of the majority of all Hon Members of Parliament, should authorise Government to enter into negotiations. That is where we are. This business about what amount should be involved and so on, we are not there.
The Hon Minister is telling us that we should give him the authority to go and negotiate. Are we prepared to grant him that authority under article 181(1) and (5)? That is all what is required of us.
Mr Speaker, I see the Hon Ayariga shaking his head and perhaps, he is not following what we are supposed to be doing. It is not an invitation to the Hon Ayariga to get up and talk to nothing.
The issue before us is simply a request to Parliament to grant the Government of Ghana, acting through GNPC to acquire the interest of Aker. That is all that it is. For that reason, I even consider that the document before us has extracts on page 1, bullet number 1.1. It says that we are to engage in the following transactions; 1) the acquisition by GNPC through GNPC Explorco 37 per cent interest in deep water --
Mr Speaker, I even think that the appropriate rendition ought to have been; “to negotiate on behalf of Government for the acquisition by GNPC”. This is because that is where we are and we seemed to be jumping the gun.
The third one ought appropriately to read; “Mandate the Minister of Energy and Minister for Finance to agree on a purchase price”. It rather should read; “Mandate the Minister for Energy and Finance to jointly negotiate the purchase price with Aker”. This is because it is a negotiation process.
Mr Speaker, the fourth one; provision of a loan not exceeding US$1.65 billion to finance the acquisition at a price to be negotiated which might not exceed US$1.3 billion. This should have been a behind-the-curtain discussion --
[Interruption] --
Mr Speaker, I will not be distracted by the Hon Minister for Energy. Whoever goes into battle and exposes the gamut of his arsenal? So, I am thinking that we should look at how we have captured some of the conclusions and I agree that, perhaps, into the negotiations, we should be looking at the estimated price for a
barrel of oil which we have used
US$65.
It is simplistic though, to say that well, because of where we are heading to, perhaps the price of oil may come down. One could say that it may come down but to say that necessarily, the US$65 is too high, I beg to disagree. This is because the situation relating to the day after tomorrow remains unpredictable; fossil fuel in the next 50 to 60 years, will still be relevant. Powering industrial machines with electricity and so on will still be relevant and into the future generation of electricity is going to be paramount.
Mr Speaker, we in Ghana are talking about industrial development and petroleum products will still be vital. As to the price, we are not too sure of it but to say conclusively that US$65 is too high, I would beg to differ. It may be too high but to say definitely that US$65 is too high, I believe it is an overstretch. However, let us do the computation and leave it to the experts to produce the figures for us.
Mr Speaker, having said so, I think that we should get a proper rendition of the Resolution that we are going to approve. This is because I believe that
we should get it right so that tomorrow, we would not be criticised for having done the wrong thing. It should capture the sense of what we are trying to do. It is a combined effect of article 181(1) and (5) and at this stage, we are granting authority to the Government of Ghana through the Ministry of Energy and Finance to enter into negotiations. That should be the essence of it and so, we should get the appropriate rendition.
In principle, we could approve but it should be subject to getting it right. I am talking about the rendition of the Resolution itself. As for they having to come back, it is a matter of course because at this stage, we are only granting them authority to go into negotiations on whatever they determine should come to Parliament for approval.
So, if we look at it carefully, we have stranded the provisions of article 181(1) and (5) into two and we are saying that they should come for authorisation to go and negotiate. When we enter into the Agreement, the product of that Agreement should come back to us for approval. That is where we are.

Mr Speaker, the first stage is the granting of the authority to go and
Mr First Deputy Speaker 4:04 p.m.
Hon Members, I would call on the Hon Minister to conclude.
Dr Matthew Opoku Prempeh 4:04 p.m.
Mr Speaker, thank you for the opportunity to conclude this conversation.
Mr Speaker, I would start by first stating on record that in the evolution of parliamentary democracy, we should accept that Government's position to bring to this House a request for a mandate is in the right direction. Going out to even negotiate, with the understanding that the Parliament of Ghana is supporting the Government to negotiate and increase the Government of Ghana's share in its own resource through Explorco, is the right thing Ghanaians are yearning for.
Mr Speaker, when Explorco was established, it was supposed to do exactly what we are advocating, but within the same time it was established and before this Government came into Office, the biggest debate in GNPC was to collapse Explorco. That is why Explorco did nothing before this Government came into Office in 2017. If we have now realised that the thought behind Explorco is good, then let us accept and move on, especially, in this energy transition.
If we resource Explorco and we do not get resources from outside, then we can get resources from within our own fields to develop our own oil for this country and this is the purpose. Yes, the pressure of the big oil firms not to invest is so huge such that we have to think about ourselves as a country. We do not want to live on stranded assets. For hundreds of years, these countries lived on these same assets and developed their economies.
The reality is that we are broke and so they want to dictate, so it is high time Both sides of this House supported Explorco and got it on to the direction for which it was first established. Mr Speaker, I thank the House for this.
Mr Speaker, the question cannot be belaboured because from the day one that we came to this House, we
sought for a mandate which was for Parliament to support us to get an agreement and return here. We have never intended to use this as a pretext of an agreement. There is no agreement before the House for a loan, no agreement for the shareholding that we may acquire and there is no agreement before the House for the shared price. Mr Speaker, it is a mandate to support us on what we seek to do.
Mr Speaker, so far, four valuations have been done; Aker did a valuation, GNPC did a valuation and they combined to do a valuation. All these are international bodies that did the valuation so to just say that we should do an independent valuation -- all those valuations that were done were independent. Aker or GNPC did not do the valuations by themselves, rather, they chose a third party to do the valuations for them. So going for a fourth valuation might not necessarily even give us a better deal, however, that is what the House says and so will --
Mr Speaker, all the valuations would be given to the House and if another one is done, it would also be given to the House. We said that the loan amount that would support this transaction is a recoverable loan. It is so sad that all the international oil companies come into this country,
borrow money from the banks which they would use to invest and take everything away as development cost whereas our own Explorco cannot do the same thing. We find this absurd that the foreigners can do this and take the resources away but a Ghanaian company, Explorco, cannot do that.
Mr Speaker, we subjected this to an opinion of the Attorney-General and Minister for Justice who said that as far as the PRMA is concerned, it does not affect Explorco so they can borrow based upon the value of its assets in the government just like the IACs. Mr Speaker, Government and the Parliament of Ghana are being asked to be on the same wavelength to get us a better negotiation. Mr Speaker, like the Hon Majority Leader said, as to ousting the jurisdiction of Petroleum Commission, I am not sure he said it well. This is not the first time that this has happened.
Mr Speaker, in fact, as we speak, there is no oil field in production in this country that is not outside the jurisdiction of the Petroleum Commission. That is the nature of agreements that we have signed. There is no commercial oil field production in this country as we speak. At least, there are two and both of them are outside the jurisdiction of the Petroleum Commission and the Government is
Mr First Deputy Speaker 4:04 p.m.
Hon Members, I would put the Question.
Question put and Motions agreed to.
Resolved accordingly.
Mr First Deputy Speaker 4:04 p.m.
Are we to take the Resolution?
Mr First Deputy Speaker 4:14 p.m.
Hon Minister, kindly move the Resolution.
RESOLUTIONS 4:14 p.m.
Minister for Energy (Dr Matthew Opoku Prempeh) 4:14 p.m.
Mr Speaker, as this House has resolved by agreeing on corrections or amendments in the Resolutions, I beg to move that those amendments reflect as the understanding and the intendment of the House to support
our mandate to go and negotiate and return to the House, I so move that the Table Office and your good office and Leadership agree on the text for the House.
Mr First Deputy Speaker 4:14 p.m.
So the text would reflect that the Resolution is to empower the Ministry to go and negotiate?
Very well. Hon Members, is that acceptable?
Minority Leader (Mr Haruna Iddrisu) 4:14 p.m.
Mr Speaker, I beg to second the Motion per the amended Resolution as indicated to us by the Table Office. I second the Resolution moved by the Hon Minister for Energy, subject to those conditions.
Mr First Deputy Speaker 4:14 p.m.
I direct that the Table Office reinstate the Resolution to reflect what the House has agreed to on the Floor.
WHEREAS Parliament
1. (a)BY THE PROVISIONS of article 181(1) of the Constitution, we may by a resolution supported by the votes of a majority of all the Members of Parliament, authorise Government to enter into an agreement for a business or economic transaction;
(b) BY THE APPLICATION of article 181(5) with necessary modification by Parliament to an international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
2. PURSUANT to the provisions of the said article 181(1) and (5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Energy, there has been laid before Parliament a request that:
(a) The Ghana National Petroleum Corporation (GNPC), through GNPC Exploration and Production Company Limited (GNPC Explorco) Acquires 37 per cent interest in Deep Water Tano/Cape Three Points (DWT/CTP) operated by Aker Energy Ghana Limited; and 70 per cent stake in the South Deep Water Tano (SDWT) operated by AGM Petroleum Ghana Limited;

(b) GNPC Explorco establishes a Joint Operating Company with Aker Energy Ghana Limited, and AGM Petroleum Ghana Limited;

(c)The Minister for Energy and the Minister for Finance commence negotiations to agree on a Purchase Price with Aker Energy Ghana Limited and AGM Petroleum Ghana Limited not exceeding an amount of US$1.1 billion;

(d) The Minister for Finance and the Minister for Energy negotiate for the provision of a Loan not exceeding US$1.45 billion to finance

(i) The acquisition price of the shares, which might not exceed US$1.1 billion; and

(ii) GNPC Explorco's cost to First Oil Production of US$350 million.
THIS HONOURABLE 4:14 p.m.
HOUSE HEREBY RESOLVES 4:14 p.m.
Mr First Deputy Speaker 4:14 p.m.
Yes, Hon Majority Leader?
Mr Kyei-Mensah-Bonsu 4:14 p.m.
Mr Speaker, I believe we can now take item numbered 28 on page 15 of the Order Paper.
Mr First Deputy Speaker 4:14 p.m.
Item numbered 28, Motion by the Hon Chairman of the Committee?
MOTIONS 4:14 p.m.
Chairman of the Committee (Mr Samuel Atta Akyea) 4:14 p.m.
Mr Speaker, I beg to move that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the
Mr First Deputy Speaker 4:14 p.m.
Item numbered 29, Motion by the Hon Chairman of the Committee?
MOTIONS 4:14 p.m.
Chairman of the Committee (Mr Samuel Atta Akyea) 4:14 p.m.
Mr Speaker, that this honourable House adopts the Report of the Committee on Mines and Energy on the Work Programme of the Ghana National Petroleum Corporation (GNPC) for the year
2021.
Mr Speaker, I wish to present your Committee's Report.
1.0 Introduction
1.1 The 2021 Programme of Activities of the Ghana National Petroleum Corporation (GNPC) was laid in Parliament on Wednesday, 23 of June, 2021 by the Minister for Parliamentary Affairs, Hon Osei Kyei-Mensah-Bonsu, on behalf of the Hon. Minister responsible for Energy, Dr. Matthew Opoku Prempeh, in accordance with Section 7(3)(b) of the Petroleum Revenue Management Act of 2011 (Act 815) as amended.
1.2 A Supplementary Information to the Work Programme was also laid on 5th August, 2021 by the Hon. Deputy Minister for Energy, Mr. Andrew Egyapa Mercer, on behalf of the Minister responsible for Energy, Hon Matthew Opoku Prempeh.
1.3 The Programme of Activities and the Supplementary Information to the Work Programme of Activities were referred by the Rt. Hon. Speaker to the Select Committee on Mines and Energy for consideration and report pursuant to Order 188 of the Standing Orders of Parliament.
2.0 Deliberations
2.1 The Committee met on Monday, 12th July, 2021, Monday, 2nd August, 2021 and Thursday, 5th August, 2021 and considered the Programme of Activities and the Supplementary information to the Work Programme. The meeting was also attended by the Hon. Deputy Minister for Energy, Mr. Andrew Egyapa Mercer (MP), and a technical team from the Ministry.
Apparently, the substantive Minister for Energy excused us because of an official assignment in Nigeria. Subsequently, the Hon Minister responsible for Energy, Dr. Matthew Opoku Prempeh, returned from Nigeria and joined the Committee's deliberations. A technical team from GNPC led by the Chief Executive, Dr. Kofi Koduah Sarpong, was also present to assist the Committee in its deliberations.
2.2 The Committee expresses its appreciation to the Hon. Deputy Minister and Officials of GNPC for attending upon the Committee to shed light on the content of the Programme of Activities.
3.0 Reference Documents
3.1 The Committee referred to the following documents during its deliberations:
a. The 1992 Constitution of the Republic of Ghana.
b. The Standing Orders of Parliament.
c. The Petroleum Revenue Management Act of 2011 (Act 815).
d. The Petroleum Revenue Management (Amendment) Act of 2015 (Act 893).
e. The Petroleum (Exploration and Production) Act of 2016 (Act 919).
f. The Ghana National Petroleum Corporation Law, of 1983 (PNDCL 64).
g. The 2021 Programme of Activities of the Ghana National Petroleum Corpora- tion.
4.0 Background Information
4.1 GNPC was established in 1983 through the promulgation of the Ghana National Petroleum Corporation Law of 1983 (PNDC Law 64). Under Section 2(1) of the PNDC Law 64, the GNPC is mandated to undertake the exploration, development, production and disposal of petroleum in the country.
Chairman of the Committee (Mr Samuel Atta Akyea) 4:14 p.m.


d. Completed 50 per cent of works relating to the construction of Floating Regasification Unit (FRU) Hull under the Terna LNG project.

6.3 Capital Projects

6.3.1 GNPC achieved the following milestones as part of implementing its capital projects in the year 2020:

a. Procured an employer's agent and developed employer's requirement document as part of preparatory works towards the construction of its Head Office Project in Accra.

b. Awarded contract for the construction of the Takoradi Operational Office building to Sienna Ltd and commenced construction.

c. Completed 75 per cent of civil and structural works on the construction of the Corporation's Research and Technology (RAT) Centre.

6.4 Corporate Social Investment

6.4.1 GNPC under its education and training programmes completed

two (2) 6-unit classroom blocks at Kpando and two (2) 3-unit classroom blocks at Akwanserem and Nkonsa in Adansi Asokwa. GNPC awarded foreign scholarships to sixty-five (65) applicants for the 2020/2021 academic year. Applications for local scholarships were being processed as at the end of 2020.

6.4.2 In respect of environment and social amenities programmes, the GNPC constructed eleven ( 11) out of the twelve ( 12) sanitary facilities with water system which was started in 2018, and handed over five (5) out of the twelve (12) sanitary facilities which were started in 2019 to the Yapei and the Sankpala communities. The GNPC also completed the construction of three (3) out of five (5) artificial turfs which were awarded in 2018. It further made some donations towards the construction of a sports complex at Hohoe and two (2) astro turfs at Bantama and Beposo in the Ashanti region.

6.4.3 Under its economic empowerment programmes, the GNPC completed the compilation of a list of Master Craftsmen for soft skills training and small and medium enterprises (SMEs) to undergo financial literacy training.

6.5 Financial Performance

6.5.1 GNPC received an amount of US$198.65 million as its share of petroleum revenue against a projected amount of US$175.77 million for the year 2020. It also expended a total amount of US$270.39million against a projected amount of US$51l.94 million on its development and production activities, midstream projects, capital projects and operational activities. The details are provided in Appendix I.

7.0 Outlook for the Year 2021

7.1 Exploration and Appraisal Projects

7.1.1 Voltaian Basin Project

In 2021, the GNPC will continue its efforts to establish the presence of hydrocarbon accumulation in the Voltaian Basin. It will acquire and process 750 sq. Kms of 3D Seismic data and conduct geotechnical and engineering studies in the basin towards the drilling of exploratory wells in the year 2022. GNPC will further pay compensation to various affected farmers or property owners.

7.1.2 GNPC Block-1 Project

GNPC Block-1 is a contract area with a water depth of about 100ms in the Tano Basin, offshore Ghana which was reserved by the Government of Ghana through the Ministry of Energy for petroleum exploration and production by GNPC in the year

2018.

GNPC was granted an authorisation to operate the Block upon a review of its development strategy for the Block by the Minister for Energy in January, 2020.

GNPC plans to acquire and process a 1,200 sq. kms of broadband 3D seismic data on the Block using a multi-client seismic contractor.

7.1.3 GNPC Explorco Petroleum Activities

GNPC in the year 2020, suspended all petroleum exploration and appraisal activities it was executing with some of its partners through its subsidiary company, GNPC Explorco. The suspension was occasioned by the negative impact of the Covid-19 pandemic on the industry.

GNPC intends to undertake the suspended projects as part of its work programme for the year 2021. In this
Chairman of the Committee (Mr Samuel Atta Akyea) 4:14 p.m.


regard, GNPC will work with its partners to:

a. Drill the Eban-lx exploratory well within the Cape Three Points Block 4 under Eni operatorship.

b. Undertake appraisal pro- gramme at the Afina and Odum Fields, unitise the fields with the Sankofa East and investigate the produc- tivity of wells under the operatorship of Springfield E&P Company within the West Cape Three Points Block 2.

c. Acquire new broadband 3D seismic data over the Expanded Shallow Water Block (ESWT) under the operatorship of either Base Energy or the Company's potential farminee, Perenco,

d. Conduct geological and geophysical studies on highest ranked prospect for drilling in the year 2022 within the Deep Water Cape Three Points West (DWCTPW) under the operatorship of Eco Atlantic.

e. Suspend petroleum explora- tion activities on the East Keta Block given that the force majeure issues relating to the conduct of petroleum activities associated with the Block have not been reviewed.

7.2 Development and Production Projects

7.2.1 Greater Jubilee Field

In the year 2020, the Greater Jubilee Full Field Partners completed the fabrication of the Jubilee FPSO Offloading System (CALM Buoy) and the fixing of the permanent spread mooring scope of the FPSO. The CALM Buoy has since been commissioned with a single offloading line operating.

The average daily oil production for 2020 at the Greater Jubilee Full Field was 83,127 barrels (bbls) against an annual target of 80,500 bbls, due to improved facility uptime and stable operations.

GNPC estimates total crude oil production from the Jubilee Field at 27.74 million barrels of oil (MMbbls), averaging 76,000 barrels of oil per day (bopd), and a total gas export of 31.94 billion cubic feet (Bcf), averaging 87.50 million standard

cubic feet per day (MMscf/d) for the year 2021.

The specific work programme of GNPC in respect of petroleum activities at the Jubilee Field include the lifting of five (5) parcels of crude oil, drilling of four (4) development wells, installation and commissioning of riser-10, conducting of well maturation exercises and reservoir engineering studies, management of Jubilee Field subsurface, award of Subsea Umbilicals and Risers and Flowlines (SURF) contract as well as sanction Jubilee South-East Project.

7.2.2 Tweneboa - Enyera - Ntomme (TEN) Field

The TEN partners drilled and commenced completion operations on the NT09-P well, installed subsea infrastructure for one (1) well and carried out reservoir studies, production surveillance and management as at December, 2020.

The average daily oil production for 2020 in the TEN Field was 48,641 barrels (bbls) against a revised annual target of 49,641 bbls. GNPC estimates total crude oil production from the TEN field at 14.05 MMbbls, averaging 38,500 bopd and total gas export estimate of 13.69 Bcf averaging 37.50 MMscf/d for the

year 2021. Three (3) parcels of crude oil are projected to be lifted from the Field.

The specific work programme earmarked to be undertaken by GNPC to achieve production target at the TEN Field in the year 2021 include the drilling of one (1) gas injection well and a conduct of reservoir studies, production surveillance and management.

7.2.3 Sankofa - Gye-Nyame (SGN) Field

In the year 2020, the SGN Field Partners implemented acid stimulation campaign on six (6) producing wells and efficiently managed the petroleum reservoir to improve oil and gas production from the field.

The daily average crude oil production at SGN Fields grew from 29,456 barrels of crude oil (bbls) in 2018, to 44,313 bbls in 2019 and 51,092 bbls as at the end of December 2020.

In the year 2021, the SGN Field Partners will continue with field development activities to support total annual crude oil production of 15.51 MMbbls averaging 42,500 barrels of oil per day (bopd), and a total gas export of 47.44 billion cubic feet (Bcf)
Mr First Deputy Speaker 4:14 p.m.
Yes, Hon Ranking Member?
Mr John A. Jinapor (NDC -- Yapei/Kusawgu) 4:24 p.m.
Mr Speaker, I rise to second the Motion.
Mr Speaker, let me put on record that this very work programme has been with us for more than two months. We have been deliberating their work programme; we have asked for adjustments; we have asked for clarification; we have done some validation ourselves and eventually, we are presenting this Motion to the House. I say this because there is always a certain narrative that once a work programme or document is presented to Parliament and is referred to a Committee, it is fait accompli and that we just go to rubberstamp it.
The Hon Chairman himself would confirm that we have had several deliberations on this matter. We have asked GNPC to go and do a lot of work but there is a fundamental problem. If you look at the document itself, I refer to page 18, GNPC's projected equity cost is US$248 million. I say this in relation to the Petroleum Revenue Management Act, Act 815. I refer to 7, which says that the payment into the Petroleum Holding Fund shall be net of equity
financing. We all know equity to be the portion or stake which we own in a business entity or enterprise. That portion is non-negotiable as far as the petroleum sector is concerned. When it is time for you to contribute your equity share and you fail to do that, in all the petroleum agreements, the operator has the right to take your oil, sell it and offset it. Yet the Hon Minister for Finance has decided that they would cap that equity to US$179 million. This is bizarre.
If they require US$248 million as equity financing cost, why has the Ministry of Finance decided that they would cap it to a whopping amount of US$70 million? It is bizarre; it does not happen anywhere. So the Committee has recommended to the Ministry of Finance that in subsequent budgets, they should not do that. This is because when they do that, they completely miss the issue and there is a major problem as far as going forward is concerned.
So, Mr Speaker, this is something that the Committee has highlighted for the House and it is my hope that the Ministry of Finance would take a cue from this and desist from that capping, which is absolutely unnecessary.
Mr Speaker, if you take their total revenues as well and I refer to Appendix 2, GNPC's total projected revenue for the year is 300 million.
Mr John A. Jinapor (NDC -- Yapei/Kusawgu) 4:24 p.m.


Their total expenditure for the year is about US$500 million. So there is a funding deficit of US$200 million.

Mr Speaker, any company that had a funding deficit of US$200 million taking the expenditure and the revenues into consideration would certainly not be a going concern; especially at a time when Government is insisting that GNPC should increase its stake both carried and participation. It puts a financial burden on them.

Mr Speaker, some of the decisions we take here, we do not take it lightly. One of the reasons the earlier agreement -- we insisted that they should go and do further work and present to the Committee is borne out of some of these issues. So those who criticise us - we welcome criticism but when they do that, they should also engage us. Before we make those decisions, we do a lot of painstaking appraisal of the issues. That is why we are saying that they should go and do all the projections and bring them.

Mr Speaker, because others want to contribute, I would want to go to my final issue and that has to do with what they call gas business. GNPC has signed an L&G agreement where this year alone, they projected that they would purchase L&G worth

US$335 million. They hope to sell that L&G but estimated that they would sell it at US$299 million, which means that GNPC, by the end of the year, would buy gas, sell it and make a loss of US$35 million. That is what they intend doing. They would buy gas at US$335 million; sell it at US$299 million and make a loss of more than US$35 million.

Mr Speaker, that is not just the issue. We were told here that the take or pay agreement was not the way to go. We were told that the take or pay agreements were inimical to the interest of the State. Under this Government, GNPC has signed a take or pay agreement with Tema L&G for more than 10 years and in that agreement, once the gas is declared available, whether we take it or not, the Republic of Ghana is compelled to pay that amount.

Mr Speaker, if we do the projection today and the gas price is indexed to the crude oil price, that L&G price is the highest price amongst all the gas fields that are concerned in this country. Sometimes, when we make certain statements, we must bear in mind that there would be a day of reckoning; reality check would come on us and today, after all these rigmaroling and circum- navigating, we have come to a point

that take or pay agreements are not bad after all.

Mr Speaker, with these words, I want to thank the venerable learned Chairman of the Mines and Energy Committee and also pay tribute to my very good friend, the Hon Yussif Jajah for helping me in the computation as far as this is concerned.

Question put and Motion agreed to.

Resolved Accordingly.
Mr Alexander Afenyo-Markin 4:24 p.m.
Mr Speaker, we may proceed to the item numbered 48.
Mr First Deputy Speaker 4:24 p.m.
Very well.
Report of Ghana's Representatives on the ECOWAS Parliament's Delocalised Meeting
Leader of the Delegation (Mr Alexander Afenyo-Markin): Mr Speaker, I beg to move, that this honourable House adopts the Report of Ghana's Representatives to the ECOWAS Parliament on the ECOWAS Parliament's Delocalised
Meeting of the Joint Committee on Political Affairs, Peace, Security and African Peer Review Mechanism (APRM), Legal Affairs and Human Rights, Telecommunications and Information Technology Held in Winneba, Ghana, from 27th to 31st July, 2021.
Mr Speaker, I have been advised that this Report was laid yesterday. In that case, we may have to start from Motion numbered 47.
Mr Speaker 4:34 p.m.
: Very well.
Suspension of Standing Order 80 (1)
Mr Afenyo-Markin 4:34 p.m.
Mr Speaker, I beg to move that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of Ghana's Representatives to the ECOWAS Parliament on the ECOWAS Parliament's Delocalised Meeting of the Joint Committee on Political Affairs, Peace, Security and African Peer Review Mechanism (APRM), Legal Affairs and Human Rights, Telecommunications and
Mr Afenyo-Markin 4:34 p.m.


Information Technology Held in Winneba, Ghana, from 27th to 31st July, 2021 may be moved today.
Ms Laadi Ayii Ayamba 4:34 p.m.
Mr Speaker, I rise to second the Motion.
Question put and Motion agreed to.
Resolved Accordingly.
Mr Afenyo-Markin 4:34 p.m.
Mr Speaker, I beg to move that this honourable House adopts the Report of Ghana's Representatives to the ECOWAS Parliament on the ECOWAS Parliament's Delocalised Meeting of the Joint Committee on Political Affairs, Peace, Security and African Peer Review Mechanism (APRM), Legal Affairs and Human Rights, Telecommunications and Information Technology Held in Winneba, Ghana, from 27th to 31st July, 2021.
Mr Speaker, in doing so, I present the Committee's Report.
1.0 Introduction
The ECOWAS Parliament's Delocalised Meeting of the Joint Committee on Political Affairs, Peace, Security and African Peer Review Mechanism (APRM), Legal Affairs and Human Rights, Telecommuni-
cations and Information Technology was held in Winneba, Ghana, from 27th July to 31st July, 2021 under the theme “The Role of Telecommuni- cations and Information Technology (TIT) in Achieving Regional Development, Peace, Security and Human Rights”.
In attendance at the Joint Committee Meeting were the President of the ECOWAS Court of Justice, the Secretary-General, Mr. John Azumah and the underlisted representatives of Ghana to the ECOWAS Parliament:
i. Hon. Alexander Kwamena Afenyo-Markin;
ii. Hon. Kwasi Ameyaw- Cheremeh;
iii. Hon. Sampson Ahi;
iv. Hon. Laadi Ayii Ayamba;
v. Hon. Johnson Kweku Adu;
vi. Hon. Abdul-Aziz Ayaba Musah.
It is worth stating that Hon Mahama Ayariga and Hon Emmanuel Kwasi Bedzrah are members of the Joint Committee.
2.0 Opening Ceremony
The Opening Ceremony was graced by the underlisted dignitaries:
i. The Speaker of the Parliament of Ghana, Rt. Hon. Alban Kingsford Sumana Bagbin;
ii. The Oma Odefe of Effutu and President of the Effutu Traditional Council, Neenyi Ghartey;
iii.The Central Regional Minister, Hon. Mrs. Justina Marigold Assan;
iv. The Deputy Minister for Foreign Affairs, Hon. Kwaku Ampratwum-Sarpong.
2.1 Welcome Remarks by the Leader of Ghana's Represen- tatives to the ECOWAS Parliament, Hon. Alexander Kwamena Afenyo-Markin
Hon. Afenyo-Markin, on behalf of Ghana's representatives to the ECOWAS Parliament, welcomed the Rt. Hon. Speaker, the Hon Third Deputy Speaker, Hon. Members and Staff of the ECOWAS Parliament as well as other foreign guests to Ghana and Winneba in particular. He expressed delight at the opportunity
of designating Ghana as the host for the delocalised meeting.
He acknowledged that the theme for the meeting was apt in view of the significance of Telecommunication and Information Technology (TIT) in every facet of today's world. He stated, for instance, that critical life- saving surgeries in the field of modern medicine, have been performed with the aid of TIT. He noted that in developed countries such as the U.S.A and Finland, about 87 per cent and 93 per cent of the populace, respectively, have access to computers and the internet, whereas only about 7.7 per cent of the citizenry in Africa have access to computers at home.
Sadly, most schools in the rural areas in Africa only acquire theoretical knowledge of computers. In the same vein, access to the internet in Africa is a major challenge. Figures indicate that at the end of 2019, mobile internet adoption in Sub-saharan Africa stood at 26 per cent. Regrettably, almost half of the world's population that do not have access to a mobile broadband network lived in Sub-saharan Africa.
Hon. Afenyo-Markin expressed optimism that the meeting will reflect on these and other issues and proffer sustainable solutions to addressing the problems confronting Africa as a Region.
Mr Afenyo-Markin 4:34 p.m.


2. 2 Opening Remarks by the Central Regional Minister — Hon. Mrs. Justina Marigold Assan

The Hon. Regional Minister expressed her utmost delight at being part of the opening session of the delocalised meeting. On behalf of the chiefs and people of Effutu, she welcomed all to the Effutu Municipality and the Central Region.

Hon. Mrs. Justina Marigold Assan noted that TIT is fast changing the world by transforming societies and economies. TIT is dynamic and has become the driving force of every nation. It impacts on our lives daily as we connect with families online through electronic devices, social media, and video calls, among others.

Through technological advance- ment, for instance, many people have access to learning opportunities outside traditional schooling. She observed that TIT enhances productivity and service delivery and has become the basis for businesses, communities, governments and nations to connect and share information. It is important therefore to tap the full potentials of TIT for accelerated development.

2.3 Welcome Address by Neenyi Ghartey VII, Oma Odefe of Effutu and President of the Effutu Traditional Council

Neenyi Ghartey VII relayed to the invited guests and participants, warm greetings from the chiefs and elders of the Effutu Traditional Council. He declared it an honour and expressed his appreciation to the ECOWAS Parliament and the Government of Ghana for agreeing to hold the Delocalised Meeting in Winneba.

Neenyi Ghartey VII narrated some historic moments about Winneba. He disclosed that the First President of Ghana, Osagyefo Dr. Kwame Nkrumah, established the Ideological Institute in Winneba to promote democratic development in Ghana and the decolonisation of Africa. The First National Sports College to unearth talents and train men and women in various disciplines for the national teams, was also established in Winneba.

Winneba is well noted for its rich cultural heritage, particularly, the Aboakyer festival where the local militia of the King the “Asafo” hunt for a live deer that is used to appease the deity Pentu Otu.

Touching on the theme for the meeting, the revered traditional ruler emphasised the important role that TIT plays in our daily lives. Due to the COVID-19 Pandemic, TIT has been the main tool for teaching and learning, transacting businesses and reaching out to millions of people. TIT therefore dictates the pace of education, business and trade, and health management, among others. He stipulated that any delay in this area of development will come at a great cost to the economy.

2.4 Opening Remarks by the Speaker of the ECOWAS Parliament, Rt. Hon. Dr. Sidie Mohammed Tunis

The Speaker of ECOWAS Parliament Rt. Hon. Dr. Mohammed Sidie Tunis, thanked the President of the Republic of Ghana and current Chair of the ECOWAS Authority of Heads of States and Governments, His Excellency, Nana Addo Dankwa Akufo-Addo, the Rt. Honourable Speaker of Ghana's Parliament and the entire Parliament of Ghana for their continuous support to ECOWAS Parliament.

Rt. Hon. Sidie Mohammed Tunis intimated that the choice of Ghana for the delocalised meeting was appropriate as Ghana continues to lead

the way in accelerating developmental policies in the Telecommunications and Information Technology Sector in the sub-region. He expressed optimism that at the end of the meeting, Hon. Members would have been equipped with the relevant information and knowledge to influence public policies that would drive and promote political and economic stability, and engender peace in the sub-region.

2.5 Opening Remarks by the Speaker of the Parliament of Ghana, Rt. Hon. Alban Kingsford Sumana Bagbin

The Rt. Hon. Speaker expressed his appreciation to the Speaker of the ECOWAS Parliament, Rt. Hon Dr. Sidie Mohammed Tunis, for the invitation extended to him to declare the Joint Committee meeting opened.

Rt. Hon. Speaker acknowledged that the theme for the meeting, “the role of Telecommunications and Information Technology (TIT) in Achieving Regional Development, Peace and Security and Human Rights” was appropriate as it reflects the growing recognition of the importance of Information and Communication Technology (ICT) in dealing with the myriad of problems in the Sub-region. Regrettably, he noted that the Sub-region is confronted with various challenges
Mr Afenyo-Markin 4:34 p.m.


such as drug trafficking, child trafficking, proliferation and trafficking of small arms, organised crime, money laundering, terrorism and cybercrime, among others. Thus, countries in the sub-region are strengthening their collaboration and existing co- operation among themselves and with International Agencies through data collection and data sharing in order to combat cross-border crimes.

He admitted that in recent times, TIT has become an indispensable tool in the development of every facet of our society. TIT is fast becoming a driving force in today's digital ecosystem by seamlessly connecting communities, businesses and governments. He pointed out the need to urgently deploy TIT to advance all sectors and promote the development of the sub-region.

3.0 Presentations by Resource Persons

3.1 The Role of Telecommunications and Information Technology (TIT) in Enhancing Human Rights (By Mr. Sulemana Braimah, Media Foundation for West Africa)

It is no gainsaying that TIT has virtually automated every aspect of human life, from business to politics

as well as from education to health. It has transformed the way people work, communicate and socialise. It has become an essential tool for weather predictions for sectors such as agriculture and transportation.

The Resource person noted that until a few decades ago, conversations about ICT and their uses were applicable to the Western world. However, the developing world has seen a paradigm shift. Notwithstanding challenges such as access, affordability and poor delivery of ICT services in Africa, the Region has, over the last two decades, been witnessing rapid growth and expansion in the deployment and use of ICT. The Resource Person disclosed that a report by the Africa Development Bank revealed that in year 2000, there were less than 20 million fixed-line phones across Africa. However, the emergence and adoption of mobile phones has transformed the landscape tremendously such that as at 2012, there were almost 650 million mobile subscriptions in Africa, making Africa the fastest growing region in the world in terms of the adoption of mobile telecommunications.

The International Telecommuni- cations Union (ITU) disclosed in its 2021 Report on “Information and Communication Technology

Trends and Developments in the Africa Region, 2017-2020”, that several indicators point to an accelerated deployment and use of ICTs in the Region. The Report shows that at least six countries in West Africa (Cape Verde, Senegal, Mali, Ghana, Gambia and La Cote d'Ivoire) had mobile cellular subscription far in excess of 100 per 100 inhabitants. Ghana and Cape Verde also had active mobile broadband subscription rates that were above the world average. Undoubtedly, the adoption of ICT is also yielding significant socio- economic benefits to the African continent.

The Resource person indicated that a publication of the Brookings Institution, cited by the IMF indicates that in 2015, mobile technologies and services in Africa generated more than US$150 billion in economic value. Partech and Partners, an investment firm also indicates that in 2018 African Start-ups in the information technology sector, raised more than US$1.1 billion, an indication that the digital economy is gaining impetus in Africa.

It is worth noting that the emergence, adoption and deployment of ICT will continue to have both positive and negative impact

depending on the objective for inventing them and how they are used.

The presentation underscored the potential role ICT plays in promoting social, cultural, economic and political rights as enshrined in the Universal Declaration of Human Rights (UDHR) and the possible threat the use of ICT poses, in violating these rights.

Social and economic rights within the context of UDHR relating to the right to education, right to health, right to work, right to the choice of employment, right to form and join trade unions, among others, have been enhanced through the use of ICT. For instance, in the area of education, the deployment of ICT has revolutionised and increased access to education for millions of people who would have been denied such opportunity.

It is reported that in Malawi, a technology application, called one- course has been used to improve numeracy for kids in grades 1-3 and also helped narrow the gender gap. The role of ICT in enhancing education cannot be overemphasised in this era of the COVID-19 pandemic as most schools the world over have had to rely on ICT for academic purposes.

The deployment of ICT has amongst others accelerated the
Mr Afenyo-Markin 4:34 p.m.


digitalisation of health records and smart-medical technologies. The use of drones for delivery of health care essentials to hard-to-reach areas attest to the contribution of ICT in promoting the right to health.

The telecommunications sector has proven to be one of the major sectors which has contributed to reduced unemployment. The sector employs thousands of people with jobs in various fields such as engineering, marketing, and administration. It also provides young entrepreneurs with new tech start-ups, e-commerce outlets and tech-supported transport operations.

3.2 The Role of TIT in Achieving Regional Development, Peace and Security (By Mr. Kofi Bentil, Private Legal Practitioner and Senior Vice-President, IMANI Centre for Policy and Education)

The presenter intimated that the purpose of governance is to ensure that society progresses. He indicated that equitable development is essential for steady progress and peace in society. To achieve equitable development, there is the need for the generation and management of relevant information through telecoms technology.

It is worth noting that telecommunications is more than a business. Telecommunication is considered a utility. Utilities have far reaching socio-cultural and economic effects beyond just the business and the profit they generate. Telecom- munication has been a game changer in providing jobs. It is estimated that telecommunication companies directly and indirectly employ 100 million people across West Africa. Millions of people stand to be negatively impacted economically, should telecommunication companies fail or be closed down.

The meeting noted that ubiquity of telecommunication companies is not automatic. Telecoms are businesses, thus, they go where they can make profit. This has led to the introduction of rural telephony initiatives by governments to ensure that services are available to the unserved and underserved areas.

The meeting also discussed the mandatory use of telecoms for the delivery of government services. Payments for and delivery of government services must be online and less personal. The Committee appreciated the global movement towards increased technology use. The use of technology is expected to grow to a point where most things would be done virtually, especially

amidst COVID-19, when services can be transacted without being physically present.

3.3 Regional Roaming Issues (By Hon. Frederick Opare-Ansah) The Resource Person thoroughly explained that when a mobile terminal device, which uses cellular network resources for the delivery of its functions connects to another cellular network outside the range of its home network to deliver wholly or partially, its functions to the user, via discreet or converged platforms, then that device is said to be roaming on the other network.

Roaming services require the assignment of network resources by the foreign network to the roaming device for the delivery of its functions. Roaming services invariably result in the invoicing of the roaming customer's home network operator by the foreign network operator. Network operators usually have bilateral Roaming Agreements to enable their subscribers to mutually roam across their respective networks.

He further explained that when a subscriber uses services from another network in the same regulatory jurisdiction or in the same licensed service area other than services provided by the home network, then

that subscriber could be said to be roaming locally.

Basically, the subscriber doesn't leave the home country as both service providers actually coexist in the same market space. He explained that this usually occurs when a subscriber passes through bad network coverage areas of the home network but can be able to receive stronger network signals from other service providers. He noted that this function is available on all networks but due to competition, Telecoms do not activate it. There is the need therefore to institute policy directives or regulatory sanctions to cause Telecoms to activate this function.

The Resource person indicated that in discussing the implementation of Local Roaming in the various states, it is worth considering whether the various networks can absorb the load of the other networks without seriously compromising their own Quality of Service or even risk crashing their own networks. It is also important to reflect on the possibility of limiting national roaming activation for Emergency Services, instead of the fully blown national roaming. The development of policies such as Network Resource Sharing, Mobile Number Portability and similar measures that create an equitable playing field should be reflected upon.
Mr Afenyo-Markin 4:34 p.m.


It would be useful to also consider asymmetrical billing in favour of smaller networks to boost capital expenditure needed to grow their own networks and improve competition.

International roaming may occur on a sister network of the subscriber's own home network (Multinational service providers) in another country in the absence of one's network services. It is the expectation of the subscriber to have the same user experience they enjoy on their home network or better when roaming.

Technically, it is expected that Networks accepting roaming subscribers would have adequate network resources to be able to absorb all roaming subscribers in addition to serving the needs of their own customers. The Joint Committee noted that technical issues that could arise with regard to service provisioning is that, the wide range of network infrastructure could bring its own problems due to legacy infrastructure and terminal devices.

It came to the attention of the Committee that law and regulations across ECOW AS are yet to be fully harmonised. Legislation for limited free roaming was introduced quite recently. Ghana domesticated it only in December 2019. Most of the

Electronic Communications Laws and Regulations governing the delivery of services in the ECOWAS region differ from country to country. There are also very important pieces of Legislation missing at the regional level.

It is important to note that the Council of Europe Roaming Regulation (EU) 531/2012 (Eurotariff) as amended and its subsidiary regulations, regulate the imposition of roaming charges within the European Economic Area. This regulates both the charges operators can impose on roaming subscribers, and the wholesale rates that networks can charge each other to allow their subscribers to roam.

Some security concerns raised with regard to international roaming include the inability to directly verify the owner of Roaming SIM cards by the foreign network, due to the fact that different states have different SIM registration requirements and verification systems. This could lead to situations whereby people living in one State may utilise SIMs registered in another member State that has a weak SIM registration regime to perpetrate crime.

In discussing roaming across the ECOWAS States, attention must be drawn to the need for a standardised SIM registration regime to enable

Service Providers have the presumption that every SIM has been subjected to the same strict registration regime and is fully traceable. This will also help to fight crime among member States. Developing a stronger regional regulatory regime to mandate state regulators to require their national Service Providers to maintain a mandatory minimum extra capacity to handle regional roaming traffic, without adversely affecting quality of service is worth considering.

3.4 Status of Implementation of the ECOWAS Regulation on Roaming (By ECOWAS Commission)

The Joint Committee noted that the objective of the Regulation was to have a harmonised legal and tariff framework for roaming on public mobile communication networks within ECOWAS Member States; address the problem of high costs of roaming services in the ECOWAS Region; determine the rights and obligations of community roaming providers, regulators and the ECOWAS Member States; and provide for a minimum of guarantees for consumers of roaming services.

The Resource Person in his presentation made reference to

Articles 6, 7 and 8 of the Regulation. Article 6 provides that intra- Community retail charge, roaming voice calls and SMS shall not exceed the highest tariff for international calls and SMS, respectively, from the visited country to other countries in the ECOWAS Region. It also provides that intra-Community wholesale charge, roaming voice calls and SMS shall not exceed 60 per centof the intra-Community retail charge. Roaming providers shall not charge their customers for the receipt of an SMS or a voice call while roaming in the Community.

Article 7 of the Regulation specifies that local retail charge for roaming voice calls and SMS shall not exceed the highest tariff for local calls and SMS in the visited country. Again, local wholesale charge, roaming voice calls and SMS's shall not exceed 60 per cent of the retail charge for a local call and SMS. Roaming service providers shall not charge their customers for the receipt of a local SMS or a voice call while roaming in the Community.

Article 8 provides that retail charge and roaming data services shall not exceed the highest megabyte rate in the visited country. Furthermore, wholesale rate and roaming data services on visited network shall not exceed 80 per cent of the retail charge.
Mr Afenyo-Markin 4:34 p.m.


The Committee further noted that various stakeholders (Member States, National Regulatory Authorities, ECO WAS Commission, Mobile Operators) were tasked to carry out certain responsibilities to ensure compliance.

Member States were to ensure the compliance of the Regulation within their territories. They were also to ensure that all surcharges are removed from incoming intra-Community roaming traffic.

The National Regulatory Authorities (NRAs) on the other hand were to enforce the implementation of reliable subscriber identification systems, fraud monitoring and market analysis. They were also to co- operate with other NRAs in the implementation and removal of surcharges on incoming intra- community traffic. The NRAs within Member States were to send the tariff ceilings for communication services in their countries (voice, SMS and data) to the ECOWAS Commission by 15th March, 2018 for publication, and to monitor its implementation by the mobile operators.

The ECOWAS Commission was to consolidate all Community roaming tariff ceilings forwarded by the National Regulatory Authorities, and

publish them by 31st March, 2018. They were also to follow up and evaluate the implementation of the regulation.

On the other hand, mobile operators in each country were to implement the new tariff regime in line with the regulation and as mandated by their National Regulatory Authority. They were expected to implement the tariffs not later than 3 months after being notified by the NRA. They were also to provide NRAs with the data for monitoring the implementation, and impact of the regulation.

It came to the attention of the Committee that hitherto, the ECOWAS Commission engaged only Member States Ministries in charge of Telecommunications/ICT to facilitate the implementation of the Regulation on roaming. Unfortunately, the Page 115 could not meet their target. Consequently, a new approach was adopted to directly engage the NRAs.

The Commission disclosed that currently, the NRAs are the designated government institutions directly responsible for the Telecommunications/ICT sector and are key to the implementation of the Regulation on Roaming and other ECOWAS Community Acts regulating ICT. Thus, the Commission

has been working with the NRAs since September 2020 towards the effective implementation of the Regulation on Roaming.

The Commission underscored the need to address challenges such as Surcharges on International Incoming Traffic (SIIT) in some Member States (Gambia, Niger and Guinea); the lack of reciprocity in the application of the Regulations; absence of direct links between countries; difficulty in obtaining an agreement among operators on the wholesale cost for receiving roaming calls. The Commission acknowledged that some progress is being made albeit slow, through the engagement and direct involvement of the sector regulators.

To guarantee the effective implementation of the Regulation in all Member States, it is imperative thatsectorial efforts are enhanced to ensure the removal of SIIT in compliance with the Regulation.

Furthermore, engagement with citizens, civil society organisations, and Parliaments needs to be intensified to increase awareness on the benefits of the implementation of the Regulation and the rights of consumers to this benefit. Parliament is also urged to hold relevant stakeholders accountable for the effective

implementation in their respective countries for the benefit of the citizens.

3.5 The Impact of TIT on the Operations of Judicial Systems in- Member States (By Hon. Justice Edward Amoako Asante, Hon. President, ECOWAS Court of Justice)

The outbreak of the COVID-19 pandemic disrupted the traditional ways of doing things and introduced a new normal characterised by physical and social distancing, regular washing of hands, the use of hand sanitisers and the wearing of masks. Many countries experienced a partial or complete lockdown to contain the spread of the pandemic. The traditional Judicial System was not spared the effect of the pandemic as it encountered its fair share of challenges.

Traditionally, Judicial Systems are based on interactions among judges, Court Staff, Lawyers, litigants, other Court users and members of the public. The pandemic necessitated the closure of Court buildings in some cases, and in others Courts remained partially opened.

To avoid the complete disruption and maintain access to the Judicial System, Courts resorted to the use of TITs such as video conferencing,
Mr Afenyo-Markin 4:34 p.m.


electronic case management, electronic filings, E-justice and E- Dockets. Lawyers were able to file court processes online. The online platforms facilitated the exchange of legal processes and remote hearing of cases.

The President of the Community Court of Justice disclosed that the ECOWAS Court of Justice adopted Practice Directions on Electronic Case Management and Virtual Court Sessions to ensure the timely and efficient disposal of cases, and the modalities for virtual Court sessions. Judgements of the court were also to be delivered virtually. The Practice Directions provided that, physical Court sessions take place only in exceptional cases with strict observation and enforcement of the COVID-19 protocols.

In Ghana, for instance, the Chief Justice directed trial Judges to enforce strict case management techniques in the courtroom alongside social distancing to prevent the spread of the pandemic. As much as possible, only urgent matters were dealt with and parties whose cases were scheduled for hearing were allowed into the courtroom. Cases were adjourned to specific times on particular dates to limit the number of people allowed into the courtroom.

The National Judicial Council of the (NJC) Federal Republic of Nigeria, released Guidelines for Court Sittings and Related Matters in the Pandemic Period on 7th May, 2020. The Guidelines introduced a complementary procedural regime intended to aid the various Courts to conduct proceedings remotely in order to maintain an uninterrupted access to justice while ensuring the safety of judicial officers and workers, legal practitioners, litigants and the general public.

In The Gambia, the Judiciary partnered with the United Nations Development Programme (UNDP) to deliver justice to its citizens. An Interagency Task Force (IATF) was established by the Chief Justice to review legislative and constitutional impediments for establishing Virtual Courts. Consequently, the Chief Justice approved the establishment of two Virtual High Courts for civil and criminal cases and issued Practice Directives.

The adoption of TIT in the administration of justice has far reaching gains. The adoption of virtual courtrooms, electronic case management systems and electronic filing facilitates will undoubtedly, improve efficiency and significantly reduce the impediments in the administration of justice.

The digitalisation of courtrooms will drastically reduce the operational costs of running judiciaries. It also eliminates geographical barriers associated with access to justice where people usually have to travel from far and near to access justice.

Digitalisation of the Judicial System has led to increased access to information about Court sittings by litigants. Hitherto, the only way a litigant could access information about Court proceedings was by physically accessing the registry of the Court. Now, litigants can access information that they require online from the comfort of their homes or offices.

Notwithstanding the numerous benefits in adopting TIT by Courts in the administration of justice, there exist some constraints in the use of TIT, such as poor internet connectivity.

The successful migration of the various Courts in the sub-region to electronic case management, remote hearings and other TIT solutions is wholly dependent on the existence of fast and reliable internet services for all the parties involved in a case. Unfortunately, internet connectivity in some areas is unreliable. Thus, remote hearings have been disrupted by poor or unstable internet connectivity.

Nonetheless, it is important that Judicial Systems in the West African sub-region build on the successes so far recorded, to enhance the speedy administration of justice. There is the need for careful planning, resource mobilisation and training of Judges and Court staff in this regard; TIT will continue to be indispensable for the Courts in the future.

4.0 Conclusion

The meeting offered the Joint Committee the platform for participants to deliberate on the benefits, challenges and the way forward in the deployment of TIT for the political and socio-economic development of the Sub-region.

The delegation expresses its appreciation to the Rt. Hon. Speaker for his continuous support towards the achievement of the ECOWAS Agenda.

Respectfully submitted.
Mr Mahama Ayariga (NDC -- Bawku Central) 4:34 p.m.
Mr Speaker, thank you for the opportunity to second the Motion.
Mr Speaker, the localised meeting was very efficiently organised under the leadership of the Leader of Ghana's delegation, Hon Afenyo-
Ms Laadi Ayii Ayamba (NDC -- Pusiga) 4:34 p.m.
Mr Speaker, I would like to add my voice to the adoption of the Report of the ECOWAS Parliament on the Delocalised Meeting that was held in Winneba.
Mr Speaker, the Meeting discussed important issues on Telecommunications and Information Technology. Issues that are worth noting on this particular topic is the fact that Africa is about half of the world's population and is the community that has very little knowledge in information technology. It is unfortunate that in the West African community, most of our countries are lagging behind.
For instance, Ghana started and we have tried as much as we can to put in our schools some laptops that will help in the teaching of ICT. But unfortunately, this did not work well, because even the few schools that got these laptops did not have electricity to charge these laptops. Most of them were kept there and they got spoilt, and others never worked. Also, the teachers who could teach the subject were not available.
Mr Speaker, it also came to the notice of the delegation that when it comes to the issue of roaming in
telecommunication, the tax was so high that a person might pay about twice what they would pay in their own countries, and if they tried to get the SIM card of that local community, it takes forever. Nigeria was cited as an example, because currently, if a person goes to Nigeria, a SIM card cannot be bought easily on the market. A person would have to register properly before he or she gets a SIM card.
4. 44 p.m.
Mr Speaker, on this call, the community agreed that all ECOWAS countries should try as much as they can to regularise the issue of merging or having more or less one network, looking at our tax system, which would go a long way to help us.
Mr Speaker, fortunately, on the part of Ghana, we had our own person there who was one of the people who gave us a talk on Information Technology (IT). He came up with the issue of Ghana trying to ensure that our schools and our teachers have laptops. I, for instance, spoke extensively about the laptops because I remember that the past Administration actually supported schools with laptops, but there were no lights in most of the schools for them to charge these laptops, and
even up till now, the situation is the same. So, if this Government seeks to repeat the same thing or is saying it is the same activity that is being undertaken, then how would those communities that are not connected to the national grid get these laptops to work with?
He made it clear that this time, the Ghana Investment Fund for Electronic Communications (GIFEC) had taken it upon itself to ensure that there is some form of power bank attached to the laptops so that the beneficiaries would not struggle to charge those laptops.
Mr Speaker, it is also very important that the countries involved come together and ensure that the tax system is removed, and we adhere to all the rules and regulations that the ECOWAS community comes up with. Therefore, in a nutshell, we have recognised and we believe that with Telecommunication Information Technology (TIT), if we are able to ensure that the ECOWAS community and for that matter, the whole of Africa is stabilised and is able to work properly, then it would take us a long way. This is because it has been realised of late that even in the field of medicine and surgeries, people are able to come together and do surgeries without necessarily being on the spot, which goes a long way to help.
Mr Emmanuel Kwasi Bedzrah (NDC -- Ho West) 4:34 p.m.
Mr Speaker, I thank you for the opportunity to also contribute to the Motion.
Mr Speaker, I would like to commend the current delegates to the ECOWAS Parliament, including myself. For the first time in the history of this Parliament, the Committee's meeting is being discussed even in a national Parliament such as the Parliament of Ghana. It has never happened before. What we normally do is to take a look at the national report, and also discuss what we have done in session at the ECOWAS Parliament, but not a situation where Committees at the national level meet to discuss and present a report on the issues discussed at an ECOWAS meeting.
Mr Speaker, I know that after our meeting in Winneba, the entire
ECOWAS Parliament would discuss the Committee's reports in session when we get back to Abuja in November and December, and that is where we would take resolutions and submit same to the various national Parliaments. So, for now, it is the Committee's Report that we would discuss, and we touched on a few things.
Mr Speaker, we all know that the world is converging into what we call a global village, and this is being facilitated by Telecommunication, Information and Technology.
However, we have noticed that in Africa, and for that matter, in the ECOWAS community, the Telecommunication Information Technology (TIT) is not up to what we expect it to be. When we go to our villages and our schools, we do not have modern equipment that can catch up with other worlds that we are competing in.
The recent pandemic, COVID-19, has shown us that if we are not careful, we would be left behind. For instance, in some jurisdictions, one would not need to have what we call “in-house court meetings”. Countries now have what we call “virtual court meetings”, and that was what the ECOWAS Court told us, that during this COVID-19 period, they have been
able to hold some virtual court meetings.
Mr Speaker, in The Gambia, any bottleneck or law that would prevent them from holding virtual court meeting has been removed by the help of the United Nations (UN) communities, and we would need to do same. With this pandemic that is ravaging and killing people in this country, we would need to have a system where we can have a virtual court, where the litigants, the lawyers and the judges would hold court sessions outside the premises of the court, and that is where we are getting to.
Mr First Deputy Speaker 4:34 p.m.
Hon Member, hold on. I am looking for Hon Members of the Privileges Committee to listen to you about holding virtual courts or virtual meetings. I have looked round, but I cannot find any of them.
Hon Ranking Member, I hope you are paying attention to the recommendation for virtual courts and virtual meetings?
Mr Bedzrah 4:34 p.m.
Mr Speaker, therefore, as we are moving towards a global village, there is going to be a time where one would not need to go to a courtroom to have “in-sitting
court meeting or litigation”, but could do it through the virtual means just as we are also thinking of virtualising our various Parliamentary sessions. For instance, if all our TIT is working perfectly, we would not need 275 Hon Members of Parliament to congregate in this place for us to have meetings. We could do our virtual meeting, and take our votes as well, and that is what TIT is about.
Mr Speaker, one of the issues that my other Hon Colleague spoke about has to do with roaming. Roaming is a big issue in ECOWAS and in the Africa region.
It is difficult for us to understand that we are on the same MTN platform, but when one gets to Nigeria, the cost of making a call, writing an SMS or even using data is so high that one begins to wonder why he should pay more using the same platform in another country than in his national platform. These are things that have already taken place. They have already discussed it and a resolution has been passed, but the ECOWAS is not implementing its own laws within the sub-region. One of the things that we discussed was how we could get our national institutions to regularise and also implement the laws and protocols that we passed both at the Commission and at the ECOWAS Parliament. With one platform that
Mr Bedzrah 4:54 p.m.
they have in East Africa called “one go”, when one gets to Togo, one can use the same platform in a manner that the cost would be the same as it is in one's own country.
Mr Speaker, these are the things that can draw us closer to what we call a global village. With these few words, I thank the leader of the delegation that we are seeing a new trend where even Committees discuss issues of the ECOWAS meeting and present their report to plenary. I know that next week, another Committee would meet in La Cote D'Ivoire, so when they also finish their meeting, they should bring their report for us to look at because it helps us.

In my view, it is eye opening because for myself and the Hon Ayariga who belonged to the Committee that met in Winneba, we had a lot of resource personnel to take us through most of the things. National Parliaments should also do the same thing where we can bring resource persons to take us through things that we used to do.

I am praising the leader of the delegation, even though he took good care of us -- he has done very well.

However, he sent the thing to his hometown because he wanted us to increase his votes over there.

With these few words, I thank you for the opportunity.
Mr First Deputy Speaker 4:54 p.m.
He wanted you to know Ghana beyond Accra -- [Laughter].
Question put and Motion agreed to.
Resolved Accordingly.
Mr Annoh-Dompreh 4:54 p.m.
Mr Speaker, I believe we can now go to page 20, and take the item numbered
36.
Mr First Deputy Speaker 4:54 p.m.
Item numbered 36 - Motion by the Chairman of the Committee.
Alhaji Mohammed-Mubarak Muntaka 4:54 p.m.
Mr Speaker, I just want to find out from the Leadership opposite why they are prioritising this Motion which was only laid yesterday against the Report of the Committee that this House set up several weeks ago on the investigation into the procurement of the Sputnik-V COVID-19 vaccine? Why are they prioritising this over that? That Report was done and was supposed to have been ready much longer. It is on the
Order Paper today. Why are they prioritising the Business that came only yesterday?
Mr Afenyo-Markin 4:54 p.m.
Mr Speaker, this Report on the investigation into the procurement of the Sputnik-V vaccine is a high priority item. Yesterday, the Paper was to be laid, but the Hon Minority Leader arrested it on the grounds that there were some concerns regarding aspects of the Report. Therefore, we had to further engage.
Mr Speaker, we engaged all night, and this morning, upon all that we did, there are still further concerns -- [Interruption]. Hon Muntaka, with respect, there are some other concerns. The Hon Member with the concerns can own up, and speak to it so that we discuss it. I am ever ready. I have signed the Report, but when it was due for distribution, an objection was raised.
To be fair, we have decided to hold back. Yesterday, we slaved on it up to 10 o'clock in the evening, and this morning, the understanding was that, all that was to be done was done. When I was about to sign, an Hon Member raised a concern again, so we are yet to sit because the Hon Majority Leader has been involved in the matter. With respect, Hon
Minority Chief Whip, nobody has placed this on the back burner.
Mr First Deputy Speaker 4:54 p.m.
Hon Members, the issue is, why are the hospitals a priority over the report on the investigations into the procurement of Sputnik-V vaccines? You are only saying that the Report is not ready. Is that right?
Mr Afenyo-Markin 4:54 p.m.
Mr Speaker, in effect, it is not ready, and it is as a result of the Minority seeking to get certain things in it, and we are obliging them. That is why it is not ready. I need to put on record.
Alhaji Muntaka 4:54 p.m.
Mr Speaker, that is factually incorrect. He knows that. All the issues had been resolved, and even the few concerns that were seen were mentioned to the Hon Majority Leader in the morning, and they have been resolved. He should go and bring the Report. Why is he keeping it? What is it in it that he is hiding? He should bring the Report because it has been long overdue.
Mr Speaker, they finished hearing the matter in about one week, and it has taken them more than three weeks to report to the House. Does he think that is fair to the House? Whatever the issue, he should bring it to the Floor because it clearly shows that the Committee is incapable of resolving
Mr First Deputy Speaker 4:54 p.m.
I am dealing with the Leadership issues first. Kindly hold on.
Mr Afenyo-Markin 4:54 p.m.
Mr Speaker, I take serious objections to the tone and language from the Hon Minority Chief Whip. This Committee finished its work - we were given three weeks. I do not believe in surprises; it is never been part of me.
Mr Speaker, the Report was duly completed and we signed it. It was to be laid. We finally came, it was laid, but at the very moment, the Hon Minority Leader got up and said no way, he would not allow it to be laid because all of a sudden some Hon Members have expressed some new concerns. We said no problem, we will oblige them.
Mr Speaker, yesterday, Hon Bernard Ahiafor and I were at the office of the Hon Majority Leader. Mr Speaker, we are doing partisan politics, but integrity is also important. We should not create a certain impression about ourselves.
The Hon Kwabena Mintah Akandoh, who was the lead advocate on his Side, came out with a concern and we went through step by step. We finished. This morning, the Report was ready. I waited till 12 midnight in this office. It was ready for me, but I said no, I would want my Hon Colleague to have a look at it again before I sign it. This morning again, he came up with concerns.
Mr Speaker, I would want Hon Akandoh, on his five points of fellowship, to tell me whether as the Chair of the Committee, he has even spoken to me this morning on his new concerns. He rather spoke to the Clerk to the Committee to speak to the Hon Majority Leader. I had not seen him. I said no problem; I am ready to oblige him - [Interruption].
Mr First Deputy Speaker 4:54 p.m.
Order!
Mr Afenyo-Markin 4:54 p.m.
Mr Speaker, I am used to this. I am not worried. They can do what they want to do.
Mr Speaker, I have obliged my Hon Colleague that whatever he wants to be included in the Report, it should so be done. I will sign it. He is not ready; he keeps changing his position, and then hide behind Hon Muntaka to cause this. I will not accept that. Mr Speaker, this is not acceptable; that is not the way to do politics. Mischief is not acceptable.
Mr First Deputy Speaker 4:54 p.m.
Hon Members, there is no point in continuing this argument. There is a matter before us now.
Hon Members, there is nothing to be gained by continuing on this trajectory. A Motion has been called. I will follow through that. What is clear is that, there is a problem between leadership of the Committee. Please resolve it, and then lay the Report.
Hon Chairman of the Finance Committee, you may proceed?
MOTIONS 4:54 p.m.
Chairman of the Committee (Mr Kwaku Agyeman Kwarteng) 4:54 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of
Standing Order 80(1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Request for waiver of Import Duty, GETFund Levy, NHIL, Import VAT, EXIM Levy, and Special Import Levy amounting to the Ghana cedi equivalent of twenty-seven million, one hundred and sixty-one thousand, seventy- s ix euros thirty-eight cents (€27,161,076.38) on materials and equipment required for the construction of the Tema, Nkoranza, and the Dormaa Hospitals and the Rebuilding of the Central Medical Stores and its ancillary facilities may be moved today.
Mr Afenyo-Markin 4:54 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 4:54 p.m.
Item numbered 37 by the Chairman of the Committee?
Chairman of the Committee (Mr Kwaku Agyeman Kwarteng) 5:04 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duty, GETFund Levy, NHIL, Import VAT, EXIM Levy, and Special Import Levy amounting to the Ghana cedi equivalent of twenty-seven million, one hundred and sixty-one thousand, and seventy-six euros thirty-eight cents (€27,161,076.38) on materials and equipment required for the construction of the Tema, Nkoranza, and Dormaa Hospitals and the Rebuilding of the Central Medical Stores and its ancillary facilities.

Mr Speaker, in doing so, I present your Committee's Report.

1.0 Introduction

The request for waiver of Import Duty, GETFund Levy, NHIL, Import

VAT, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of twenty seven million, one hundred and sixty-one thousand seventy-six euros thirty-eight cents (€27,161,076.38) on materials and equipment required for the construction of the Terna, Nkoranza and the Dormaa Hospitals and the Rebuilding of the Central Medical Stores and its ancillary facilities was laid in the House on Tuesday, 27th July, 2021 by the Minister for Health, Hon. Kwaku Agyeman-Manu on behalf of the Minister responsible for Finance.

The Rt Hon Speaker referred the above agreements to the Finance Committee for consideration and report.

The Committee met with the Minister for Health, Hon. Kwaku Agyeman Manu, a Deputy Minister for Finance, Hon Mrs. Abena Osei- Asare, and officers from the Ministry of Finance, the Ministry of Health and the Ghana Revenue Authority (GRA) to consider the referrals.

2.0 Documents Referred To

The Committee referred to the following documents:

i. The 1992 Constitution;

ii. The Public Financial Management Act of 2016 (Act 921);

iii. The Standing Orders of the Parliament of Ghana; and

iv. The Commercial Contract of €140,000,000.00 between the Ministry of Health of the Republic of Ghana and E.D.C. Engineering, Deve- lopment and Construction Ltd. for the turnkey construction and equipping of the Tema, Nkoranza and the Dormaa Hospitals and the Central Medical Stores and its ancillary facilities in Ghana.

3.0 Background

The Government recognises that the health system in the country is critical for national development. The vision of the Government therefore is to see that the right to health of all Ghanaians is guaranteed through an established health sector with sustainable ability to deliver affordable, equitable and easily accessible healthcare. The thrust of the government's health policy is to bridge the gap in healthcare infrastructure as captured in the 2016 Manifesto and reiterated in the State

of the Nation address by the President. The Sustainable Development Goal 3 (SDG3) also makes a bold commitment to end the epidemic of AIDS, Malaria and other communicable diseases by 2030. The aim is to achieve universal health coverage and provide access to safe and affordable medicines and vaccines for all.

Ghana has come a long way in the development of its healthcare services. The most significant in recent times is the establishment of the National Health Insurance Scheme with its critical role of financing the delivery of quality healthcare in Ghana. The world has moved on considerably and the economic, technological, medical and social conditions have changed.

In response to this, the Government of Ghana (GOG), through the Ministry of Health (MOH) therefore strives to improve healthcare services delivery by expanding its infrastructure and improving access.

It is against this background that the Ministry of Health (MOH) is constructing a number of Secondary level hospitals over a period in the medium term. The Ministry of Health under its Capital Investment Programme of the MOH POW for 2016-2020 is currently undertaking a project which aims at upgrading

three (3) hospitals and reconstructing the Central Medical Stores and its ancillary facilities in Tema which was gutted by a fire outbreak.

In order to finance this project, Parliament at the Forty-Second and Forty-First Sittings held on Wednesday 1st April, 2021 and Tuesday 31st March, 2020 respectively approved the following agreements:

i.The Commercial Contract of €140,000,000.00 between the Ministry of Health of the Republic of Ghana and E.D.C. Engineering Deve- lopment and Construction Ltd. for the turnkey construction and equipping of the Tema, Nkoranza and the Dormaa Hospitals and the Central Medical Stores and its ancillary facilities in Ghana.

ii.The €139,339,000.00 ASHRA Facility Agreement between the Republic of Ghana acting through the Ministry of Finance and Israel Discount Bank Ltd to finance 85 per cent of the Commer- cial Contract for the construction of the Tema,

Nkoranza and the Dormaa Hospitals and the Central Medical Stores and its ancillary facilities in Ghana and the estimated ASHRA premium.

iii.The €21,000,000 Commer- cial Facility Agreement between the Republic of Ghana acting through the Ministry of Finance and Israel Discount Bank Ltd to finance 15 per cent of the Commercial Contract for the construction of the Terna, Nkoranza and the Dormaa Hospitals and the Central Medical Stores and its ancillary facilities in Ghana.

Clause 5 of the Contract Agreement makes it mandatory for the acquisition of Parliamentary exemption as a condition precedent as specified in the Employer's requirement.

In order to implement the project successfully, there is the need to waive taxes and duties applicable. It is in this regard that the request for the waiver of taxes and duties on materials and equipment for the project has been submitted to Parliament in accordance with article 174 of the 1992 Constitution of Ghana.

4.0 Request for Waiver

The Request is to seek approval for the waiver of Import Duty, GETFund Levy, NHIL, Import VAT, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of twenty seven million, one

hundred and sixty-one thousand seventy-six euros thirty-eight cents

(€27,161,076.38).

4.1 Details of the Assessment

The details of the assessment as undertaken by the Ghana Revenue Authority (GRA) is summarised in Table 1 below:

Table 1 Assessment of Taxes and Duties

Summary of Tax Exemption-Tema, Dormaa, Nkoranza and the Central Medical Stores

Attached as APPENDIX are the details of the various tax assessments by the Ghana Revenue Authority.

5.0 Observations

5.1 Rationale for Requesting for the Waiver

The Committee observed that in line with its vision of achieving universal health coverage and to provide

access to safe and affordable medicines and vaccines for all, Government is constructing a number of secondary level hospitals over the medium term.

It is in line with this vision that the House approved the Commercial Contract of €140,000,000.00 between the Ministry of Health of the Republic of Ghana and E.D.C. Engineering, Development and
Chairman of the Committee (Mr Kwaku Agyeman Kwarteng) 5:04 p.m.


Construction Ltd. for the turnkey construction and equipping of the Tema, Nkoranza and the Dormaa Hospitals and the Central Medical Stores and its ancillary facilities in Ghana: Clause 5 of the Commercial Contract makes it mandatory for the acquisition of Parliamentary exemption as a condition precedent which has to be fulfilled and satisfied as specified in the Employer's requirement.

In compliance with Article 174 and in order to ensure that the Contract comes into full effect and for it to be completed on schedule, there is the need to grant a waiver for the importation of the needed materials and equipment for the project.

5.2 Benefits of the Project

The project when completed will help to:

i. Provide a fully functioning Central Medical Stores and ancillary facilities,

ii. Facilitate both the delivery of healthcare within the catchment area,

iii. Train medical cadres, and

iv. Provide a health facility for both the general medical

services, specialised medical services, for both outpatient and inpatient cares, the training for pre-service students, internship and postgraduate medical training for all categories of health professionals in all specialties and sub-specialties.

5.3 Waiver of Applicable Duties on Vehicles under the Project

The Committee observed that as part of the list of items for which the waiver is being sought for are sixteen (16) vehicles.

The Ministry of Health explained that out of the sixteen (16) vehicles to be procured, ten (10) vehicles would be used for monitoring the four (4) projects whilst the rest of the vehicles would be assigned to the new hospitals to assist in service delivery upon completion of the project.

The Ministry of Finance agreed with the Committee that the waivers should cover only items directly meant for only the projects to be undertaken. The Ministry further assured the Committee that the Finance Ministry will continue to ensure that requests submitted to Parliament for tax waivers would be made up of only materials and equipment to be used directly for the intended projects.

6.0 Conclusion

Considering the immense benefits to be derived from the projects, the Committee is of the view that the requests will go a long way to help realise Government's objective of providing quality healthcare for the citizenry.

The Committee therefore recommends to the House to adopt its Report and approve the request for waiver of Import Duty, GETFund Levy, NHIL, Import VAT, EXIM Levy and Special Import Levy amounting to the Ghana cedi equivalent of twenty seven million, one hundred and sixty-one thousand seventy-six euros thirty-eight cents (€27,161,076.38) on materials and equipment required for the construction of the Tema, Nkoranza and the Dormaa Hospitals and the Rebuilding of the Central Medical Stores and its ancillary facilities in accordance with article 174(2) of the Constitution, the Public Financial Management Act of 2016 (Act 921) and the Standing Orders of Parliament.

Respectfully submitted.
Mr First Deputy Speaker 5:04 p.m.
Hon Members, who would contribute to the debate?
Mr First Deputy Speaker 5:04 p.m.
Very well. I would put the Question.
rose
Mr First Deputy Speaker 5:04 p.m.
Yes, Hon Deputy Majority Leader?
Mr Afenyo-Markin 5:04 p.m.
Mr Speaker, I wish to pray that we place decision on this on ice and revert to it at a later time.
Alhaji Muntaka 5:04 p.m.
Mr Speaker, we disagree with the position of the Hon Deputy Majority Leader that the decision on this Motion should be put on hold. We want the decision to be taken now. [Hear! Hear!]
Mr Afenyo-Markin 5:04 p.m.
Mr Speaker, we have been Sitting since morning. It is 5.00 p.m. and there is a general view that Hon Members would want to stretch. I was going to follow up with an application for us to suspend Sitting for, at least, an hour for us to have a health break and come back refreshed to continue with the day's Business.
Mr First Deputy Speaker 5:04 p.m.
Hon Members, my attention has actually been drawn to a procedural error. When the Hon Chairman of the Committee moved the Motion, no
Mr First Deputy Speaker 5:04 p.m.


Hon Member seconded it. So, it has not reached the stage of putting the Question - I jumped the -
Alhaji Muntaka 5:04 p.m.
Mr Speaker, the Hon Deputy Majority did second the Motion.
Mr First Deputy Speaker 5:04 p.m.
Hon Members, please, let us follow the process. It was the procedural Motion, Motion numbered 36 that was moved and seconded and after that the Hon Chairman moved the main Motion with the Report. I should have sought for secondment before I purport to put the Question.
Alhaji Muntaka 5:04 p.m.
Mr Speaker, with regard to the issue about suspending Sitting, the Hon Deputy Majority Leader knows that before the two Hon Leaders left the House, this suggestion came up and we said that because of the nature of the Business we should continue and that was why they left their seats for us so that they could go out and come back to the House. So, I do not know why he wants to use that to call for a suspension of the Sitting.
Mr Speaker, let us proceed and finish the Business because we want the House to rise sine die today. Since he said that there are a lot of Businesses awaiting us, he should bring them for us to continue.
Mr Annoh-Dompreh 5:04 p.m.
Mr Speaker, this is a big surprise to me because I engaged the Hon Minority Chief Whip extensively. I mentioned to him that we deserve a break and he obliged, so I am surprised he has made this suggestion.
Mr Speaker, we do not need to belabour the point. We need to go on an hour break now and come back to continue the Business.
Mr First Deputy Speaker 5:04 p.m.
Very well.
The House is suspended until 6.00 p.m.
5.10 p.m. -- Sitting suspended.
6.52 p.m. -- Sitting resumed.
Mr First Deputy Speaker 5:04 p.m.
Yes, Hon Majority Leader, any indication as to what item to take? [Pause]
Mr Kyei-Mensah-Bonsu 5:04 p.m.
Mr Speaker, I was thinking that we could do the item numbered 52 on page 32. Unfortunately, the Chairman of the Committee is not here. Of course, I could do item numbered 51 on behalf of the the Hon Minister but the Chairman of the Committee is not available. So, if we could deal with the item numbered 36?
Mr First Deputy Speaker 5:04 p.m.
Hon Member, we have done item numbered 36, moved item numbered 37, and we are waiting for a seconder to the Motion which nobody has seconded when I suspended Sitting.
Mr Kyei-Mensah-Bonsu 5:04 p.m.
Very well, Mr Speaker.
Mr Annoh-Dompreh 5:04 p.m.
Mr Speaker, I beg to second the Motion moved.
Mr First Deputy Speaker 5:04 p.m.
Will you not say anything to it after seconding it? [Interruption.]

Hon Members, the Motion numbered 37 has been moved and seconded.

Question put and Motion agreed to.

Resolved Accordingly.
Mr Kyei-Mensah-Bonsu 5:04 p.m.
Mr Speaker, the Hon Deputy Minister for Finance is here with us. So, if he could deal with the item numbered 38?
Mr First Deputy Speaker 5:04 p.m.
Yes, Hon Deputy Minister for Finance?
RESOLUTIONS 5:04 p.m.
BY THE COMBINED 5:04 p.m.
Mr James K. Avedzi 5:04 p.m.
Mr Speaker, the Motion numbered 37
was moved and seconded. The Report was not even presented for debate but we are moving to the Resolution.
Mr First Deputy Speaker 5:04 p.m.
I have put the Question and it has been adopted.
Mr Avedzi 5:04 p.m.
Mr Speaker, you did not say that the Motion has been moved and seconded, and for that matter, it was for debate. We did not hear that; you just put the Question.
Mr First Deputy Speaker 5:04 p.m.
Hon Leader, if anybody was on his or her feet, I would have recognised him or her. I was even prompting the Chief Whip who seconded it whether he was not going to say anything to the Motion. He said no and sat down. I looked around and there was nobody on his feet when I put the Question and a decision was taken.
Mr Avedzi 5:04 p.m.
Mr Speaker, I was thinking that it was the Motion for the suspension of the Standing Order 80(1), which is the Motion numbered
36.
Mr First Deputy Speaker 5:04 p.m.
That had been done earlier before we suspended Sitting.
Yes, any seconder of the Resolution?
Mr Kwaku Agyemang Kwarteng 5:04 p.m.
Mr Speaker, I beg to second the Motion for the Resolution.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 5:04 p.m.
Yes, Hon Chief Whip?
Mr Annoh-Dompreh 5:04 p.m.
Mr Speaker, I guess we may now go on to Order Paper Addendum 3, item numbered 3 on page 4, which is a Motion.
Mr Avedzi 5:04 p.m.
Mr Speaker, when we had a meeting at the conclave, we did not agree on any item on Order Paper Addendum to be taken. We agreed on items on the main Order Paper which we are following. So, introducing Order Paper Addendum 3 is stabbing us at the back because we did not agree on those things. [Interruption] - You were not there; the Hon Majority Leader was there, I was there and the Chief Whip was also there. So, if anything at all, let us go by what we agreed on in the main Order Paper.
Mr First Deputy Speaker 7:02 p.m.
[Pause] -- Yes, Leader?
Yes, Hon Majority Chief Whip?
Mr Annoh-Dompreh 7:02 p.m.
Mr Speaker, we do not intend to litigate with our Hon Colleagues and so, may we now go to the original Order Paper and resort to page 16 and take item numbered 30?
Mr First Deputy Speaker 7:02 p.m.
Yes, item numbered 30.
MOTIONS 7:02 p.m.
Chairman of the Committee (Mr Kwaku Agyeman Kwarteng) 7:02 p.m.
Mr Speaker, I beg to move, of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Terms of a Receivables-backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the
Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000) to finance the purchase of cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board may be moved today.
Mr Annoh-Dompreh 7:02 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 7:02 p.m.
Item numbered 31? Yes, Hon Minority Leader?
Mr Avedzi 7:02 p.m.
Mr Speaker, unfortunately, we do not have the Report on our Side. So, if they can share the Reports to us - they are not sharing the Reports and so, we do not have it.
[Pause] --
Alhaji Muntaka 7:02 p.m.
Mr Speaker, as you can see, they are now distributing the Report. We all know that Syndicated Loans are not controversial because they, more or less, have a standardised format. It is just for the avoidance of doubt that fifteen minutes be given to us in order to go through the Report.
Mr First Deputy Speaker 7:02 p.m.
Hon Majority Chief Whip, the Hon Member says you should allow them some fifteen minutes to go through the Report.
Mr Annoh-Dompreh 7:02 p.m.
Mr Speaker, I am aware copies have been given to Hon Colleagues especially, the Hon Ranking Member. However, we are willing to oblige them as long as we can all make progress. In the meantime, if our Hon Colleagues would also accede to us, we can then go on to take item numbered 3 on the Order Paper Addendum 3 as was suggested early on. We cannot sit down without doing anything.
Mr Speaker, while we are waiting for them to read -- they have asked for fifteen minutes to read the Report and we have no problem with that and we obliged them. So, we can go ahead and take item 3 on page 4 of the Order Paper Addendum 3.
Alhaji Muntaka 7:02 p.m.
Mr Speaker, we know the efforts that went into our understanding on this issue at the conclave meeting. I just want to tell the Hon Majority Chief Whip that if they decide to go outside what we have agreed on, we should not be blamed for - because this is a tax waiver and we have all agreed in this House that we are going to take the
procedure and format for accepting 1D1F and even all other waivers. That is what we are going to do but we have not yet taken that.
Mr Speaker, so we are not in the position to take any waiver as it is not part of what was agreed on at the conclave meeting. We agreed on four things; first, the regional hospital, COCOBOD, Sputnik V report and then the early warning signals.
Please, in the spirit of cooperation, let us keep that agreement. If they want to go outside this, they would not have our cooperation - [Hear!] [Hear!] --
Mr Kwarteng 7:02 p.m.
Mr Speaker, I heard Hon Muntaka very clearly. May I state respectfully that it was an error that this particular item did not appear on the main Order Paper? It should have and it was upon realising the error that we advised the Table Office to get it corrected for which reason we have it in the Order Paper Addendum.
Mr Speaker, it is a tax waiver that has been laid and while we wait for our Hon Colleagues to go through the Report for the cocoa syndicated loan, I would respectfully appeal to them to allow us move to item numbered 3 on the Order Paper Addendum 3 and get it out of the way.

I have to indicate that I totally share the point Hon Muntaka made that in respect of 1D1F tax waivers, the House has taken a decision to get the guidelines approved before we can look at any of those requests in the light of the guidelines approved. This is not a 1D1F waiver; it is out of an Agreement signed between the Government of Ghana and the exemptions seeker which we had to bring here because, traditionally, they had been enjoying exemptions which Parliament had not approved.

So, I would respectfully urge our Hon Colleagues to allow us to briefly take that and get it out of the way.
Mr First Deputy Speaker 7:02 p.m.
Hon Members, in the conclave, before we resumed Sitting, we agreed on certain Businesses to be conducted. We are having challenges in the Chamber because the Hon Chairman of the Committee is not available.
Now, while we await the other Business which is also agreed upon, what should we do? Should we sit idle?
Alhaji Muntaka 7:02 p.m.
Mr Speaker, I am very surprised that the absence of an Hon Chairman can get a Bill grounded. You know the argument made in conclave for this Bill; we all
resisted it and were told that it was in our collective national security.
You also know that when it comes to a Bill, it must not necessarily be the Chairman but that any willing Member of the Committee who was part of the meeting can stand in for the Chairman. If truly this Bill was that important as we have been made to believe in conclave, we should find the Hon Chairman or Vice-Chairman or an Hon Member in that Committee who understands the issue to take us through. If we come to the Chamber and all of a sudden we claim that it is no longer as important as we said in conclave, would you want me to believe the intent? That becomes problematic.
Mr Speaker, if it is truly in the national interest, I believe that even the Majority Chief Whip, unless he is not an Hon Member of that Committee, any Member of that Committee could lead us through the Bill.
However, since the understanding was to take the COCOBOD report, maybe, the almost 10 to 15 minutes that we are asking for has elapsed and I believe that we can take the COCOBOD report while we wait for the Hon Majority Leader and the others to join us with the other Reports.
Mr Haruna Iddrisu 7:12 p.m.
Mr Speaker, I have heard the Hon Minority Whip and we must make progress.
Therefore, I have finished reading the COCOBOD Report and as important as that is to cocoa farmers and Government, while we resolve some of these issues, let us proceed to take the Motion on COCOBOD.

The Hon Ranking Member of the Finance Committee is here and I have read through the Report so let us deal with it while we discuss the other matters that must be considered.

If after COCOBOD, the Hon Chairman is not available, then Mr Speaker, I would undertake to walk us through the National Centre for the Coordination of Early Warning and Response Mechanism Bill, 2021. It is a legislation so if any member of the Committee sits by me, we can go clause by clause. Mr Speaker, if it pleases you, we can take the Motion on the COCOBOD Syndicated Loan.
Mr First Deputy Speaker 7:12 p.m.
Very well.
Item numbered 30 - Motion. Hon Chairman of the Committee?
MOTIONS 7:12 p.m.
Chairman of the Committee (Mr Kwaku A. Kwarteng) 7:12 p.m.
Mr Speaker, I beg to move, that that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Terms of a Receivables-backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000) to finance the purchase of cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board may be moved today.
Minority Leader (Mr Haruna Iddrisu) 7:12 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 7:12 p.m.
Item numbered 31.
Terms of a Receivables-backed Trade Finance Facility between COCOBOD and a Consortium
of Banks and Financial Institutions to finance the
Purchase of Cocoa for the 2021/ 2022 Crop Season
Chairman of the Committee (Mr Kwaku Kwarteng) 7:12 p.m.
Mr Speaker, I beg to move that this honourable House adopts the Report of the Finance Committee on the Terms of a Receivables-backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000) to finance the purchase of cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board.
In so doing, I beg to present your Committee's Report.
1.0 Introduction
The
i. Terms of Receivables- Backed Trade Finance
Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (Us$1,500,000,000.00) to finance the purchase of Cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board; AND
ii. Request for waiver of Stamp Duty amounting up to the Ghana cedi equivalent of seven million, five hundred thousand United States dollars (US$7,500,000.00) on the Receivables-Backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (Us$1,500,000,000.00) to finance the purchase of Cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board was presented
to the House on Thursday 5th August, 2021 by the Hon. Minister for Parliamentary Affairs, Mr. Osei Kyei- Mensah-Bonsu on behalf of the Minister responsible for Finance in accordance with articles 181 and 174(2) of the 1992 Constitution of the Republic of Ghana.
The Agreement and the Stamp Duty waiver request were subsequently referred to the Finance Committee for consideration and report in accordance with Orders 169 and 171 of the Standing Orders of the Parliament of Ghana.
The Committee met and considered the referral with a Deputy Minister for Finance, Hon. John Ampontuah Kumah, the Chief Executive Officer of COCOBOD, Mr. Joseph Boahen Aidoo, and a team of officials from the Ghana Cocoa Board (COCOBOD), the Ministry of Finance (MoF) and the Ghana Revenue Authority (GRA).
The Committee is grateful to the Hon. Deputy Minister and the team of officials for attending upon and assisting the Committee in its deliberations.
2.0 References
The Committee referred to and was guided by the following documents inter alia during its deliberations:
The 1992 Constitution of the Republic of Ghana;
The Standing Orders of the Parliament of Ghana;
The Public Financial Manage- ment Act of 2016 (Act 921);
The Ghana Cocoa Board Act of 1984 (PNDCL 81); and
The Stamp Duty Act of 2005 (Act 689).
3.0 Background
The cocoa industry has been the backbone of Ghana's economic development over the years. The industry has over the years provided employment for millions of Ghanaians and serves as a major source of foreign exchange earner for the country. Cocoa production in Ghana has also increased significantly since the 1999/ 2000 crop season reaching an all-time high of over a one million metric tonne in the 2010/2011 and the 2020/2021 crop seasons. The increase in the levels of production requires substantial financial resources to enable the Ghana Cocoa Board
Chairman of the Committee (Mr Kwaku Kwarteng) 7:12 p.m.


(COCOBOD) to finance the purchase of cocoa beans. To this end, the Syndicated Trade Finance arrangement was put in place in 1993 to enable the Ghana Cocoa Board secure a loan facility to finance cocoa purchases and for other payments each year.

To enable the COCOBOD purchase cocoa for the 2021/2022 Crop Season, the Board of Directors of the Ghana Cocoa Board and His Excellency the President have given approval for the COCOBOD to borrow an amount of one billion five hundred million United States dollars (US$1,500,000,000.00) to finance cocoa purchases in the 2021/2022 cocoa season.

The arrangement involves a Consortium of several international banks and financial institutions in arranging a credit facility to purchase an estimated 850,000 tonnes of

cocoa beans in the 2021/2022 crop season.

COCOBOD is however required by the Stamp Duty Act of 2005 (Act 689) to pay a zero-point-five per cent (0.5%) of the Facility Amount as Stamp Duty and it is in this regard that Parliamentary approval is also being sought for the waiver of the payment of the Stamp Duty which amounts to the Ghana cedi Equivalent of seven million, five hundred thousand United States dollars (US$7.5 Million).

4.0 Purpose of the Facility

The Trade Finance Facility is to enable COCOBOD to raise funds to purchase cocoa beans from farmers through Licensed Buying Companies and to finance other operations of the Board for the 2021/2022 cocoa season.

5.0 Terms of the Facility

The terms of the financing are as follows:

Facility Amount -- US$1,500,000,000.00

Interest Rate -- One Month LIBOR + a margin of 1.1 per cent p.a.

Commitment fee -- 35 per cent of margin

Underwritten -- Fully underwritten i.e.US$1,500,000,000.00

Arrangement & Participation fee -- 1.00 per cent flat

Security Margin -- Assignment of Cocoa Contracts for 110 per cent of Facility Amount

6.0 Observations

6.1 Required Waiver

The Committee noted that the waiver amount of US$7,500,000.00 is in line with provisions of the Stamp Duty Act of 2005 (Act 689) which requires that a Stamp Duty of 0.5 per cent on the loan facility be paid as stamp duty.

The Committee further noted that the Domestic Tax Revenue Division (DTRD) of the Ghana Revenue Authority (GRA) has upon the request of COCOBOD assessed the stamp duty on the Syndicated Facility Amount of US$1,500,000,000.00 to be US$7,500,000 pending Parliamentary approval. Attached is an official assessment of the Stamp Duty as conducted by the Ghana Revenue Authority (GRA).

6.2 Relatively Cheaper Loan Facility

The Committee observed that COCOBOD's “Borrower-led” approach to the negotiations resulted in a relatively cheaper facility for the

2021/2022 cocoa season as compared to the previous year.

After negotiations, the Margin obtained for the 2021/2022 loan facility was 110 basis points (bps) and the Participation/Arrangement Fee was 100 bps on the Facility Amount as compared to a Margin of 175 bps and Participation/Arrangement Fee of 125 bps in the 2020/2021 season.

Thus the overall cost (LIBOR inclusive) for 2021/2022 is estimated at US$25.33 million for the US$1.5 billion facility as compared to US$33.23 million for the 2020/2021 loan facility of US$1.3 billion, thus representing a 23.79 per cent decrease in the overall cost of the facility.

6.3 Drawdown and Utilisation of the 2020/2021 Facility

The Committee sought to know how the syndicated loan facility of US$1.3 billion approved for the 2020/2021 crop season was utilised. To this, the Deputy Chief Executive Officer (Finance and Administration)
Chairman of the Committee (Mr Kwaku Kwarteng) 7:12 p.m.
6.6 Proposed Production for 2021/2022 Crop Season
The Committee noted that for the 2021/2022 Crop Season, cocoa production has been conservatively forecasted to be 850,000 tonnes. It was explained that the projected figure was based on the trend of cocoa production over the past years and relevant agronomic practices being adopted by COCOBOD.
The Committee noted with satisfaction the pruning and other agronomic coverage of cocoa farms undertaken by the Ghana Cocoa Board (COCOBOD) which in the opinion of the Committee would help significantly in the achievement of the production target set for the Crop Season. The Committee encourages COCOBOD to continue with the fight against the Cocoa Swollen Shoot Virus Disease (CSSVD) and also expand the innovative irrigation of cocoa farms.
6.7 2021/2022 Loan Facility Disbursement
The Committee noted that the 2021/2022 loan facility is proposed to be utilised for cocoa purchases and related operations, including:
A. Farmers' Services cost
i. Cocoa diseases and pests control;
ii. Fertilizer distribution and application;
iii. Farmers' wards scholarship
iv. Cocoa roads;
v. Industry inputs (Jute sacks, twine etc);
vi. Rehabilitation/replanting;
vii.Child education support;
B. Share of Net FOB
i. Payment to farmers;
ii. Buyers' margin;
iii. Hauliers' margin;
iv. Internal marketing operations (storage and shipping operations);
v. Disinfestation/Grading and sealing cost;
vi. Finance cost;
vii.COCOBOD and Divisions cost;
viii.Other costs/scale inspection and phytosanitary inspec- tions;
ix. Rehabilitation/replanting of coffee;
6.8 Importance of the Cocoa Industry
The Committee noted that the cocoa industry plays a crucial role in the economic development of the country. The industry contributes significantly to the Gross Domestic Product (GDP), employs an estimated two million people along the supply chain and remains a major source of Ghana's foreign exchange earnings.
The cocoa sector also supports infrastructural development in education, road and highways among others. Importantly also, most of the foreign exchange earnings from cocoa are retained in the country thereby boosting foreign exchange reserves in the country in support of the local currency.
6.9 Late Submission of Facility to Parliament
The Committee expressed serious concern about the fact that the instant Agreement and request were only
presented to Parliament on the 5th day of August, 2021 knowing very well that Parliament is scheduled to rise sine die today, the 6th day of August,
2021.
Honourable Members were worried that the House and Members have not been given adequate time to scrutinise the documents on the Finance Facility and the request for the waiver of Stamp Duty.
Whilst agreeing that the urgent approval of the instant facility and the request is in the national interest, the Committee strongly reiterates that going forward, any COCOBOD syndicated facility (and waiver request) which is presented to the House later than three days before Parliament rises sine die will not be considered until the next meeting of Parliament.
7.0 Conclusion The Committee has carefully
considered the Agreement and the request and finds that the syndicated facility is integral to the successful management of operations related to the purchasing, quality assurance, storage and to the export of cocoa by the COCOBOD.
In view of the foregoing and taking into consideration the importance of the Cocoa Sector to the economy of Ghana, the Committee respectfully recommends to the House to adopt this Report and approve by resolution, the

i. Terms of a Receivables-Backed Trade Finance Facility between the Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000.00) to finance the purchase of Cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board in accordance with article 181 of the 1992 Constitution of the Republic of Ghana ; AND

ii. Request for waiver of Stamp Duty amounting up to the Ghana cedi Equivalent of seven million, five hundred

thousand United States dollars (US$7,500,000.00) on the Receivables-Backed Trade Finance Facility between the Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000.00) to finance the purchase of Cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board in accordance with article 174(2) of the 1992 Constitution, Section 36 of the Stamp Duty Act of 2005 (Act 689) and the Standing Orders of the House.

Respectfully submitted.
Mr Patrick Y. Boamah (NPP -- Okaikwei Central) 7:12 p.m.
Mr Speaker, thank you very much for the opportunity to add my voice to the Motion on the Floor.
Mr Speaker, this morning we had one of the best interactions with the COCOBOD and it was a very transparent one with regard to this facility. I would draw attention to paragraph 6.2 which refers to a relatively cheaper loan facility. Mr Speaker, the overall libor inclusive for the 2021/2022 is estimated at US$25.33 million for the US$1.5 billion facility as compared to the US$33.23 million for the 2021 year. Mr Speaker, this is a far cheaper arrangement that COCOBOD entered into for this year. The tonnage that this facility would be used to purchase is about 850,000 tonnes so COCOBOD must be commended for such a high performance, high yield and for the good returns to the economy.
Mr Speaker, my worry at the Committee level was the fact that not too many Ghanaian companies were involved in the purchasing of the cocoa. Out of the 55 companies that were listed, I saw only about six
Ghanaian entities. I believe this is on the low side so we must encourage more.
Mr Speaker, we also had the opportunity to peruse the document with regard to the US$600 million facility that we took from the African Development Bank and it was well explained by the Chief Finance Officer to the satisfaction of all. Mr Speaker, we must encourage the COCOBOD because they have done well and we are going over a million tonnes this year. Mr Speaker, based on the analysis given to the Committee, we believe that they would perform a yeoman's job in the next cocoa season.
I thank you very much, Mr Speaker, for the opportunity.
Mr Kofi Iddie Adams (NDC -- Buem) 7:22 p.m.
Mr Speaker, thank you very much for the opportunity to contribute to the Motion to adopt the Report of the Finance Committee on the syndicated facility by the
COCOBOD.
Mr Speaker, in doing so, I would concentrate on paragraph 6.7. Before I do that, in approving this facility, what happened with the previous facility would not have to repeat itself where
Mr James K. Avedzi (NDC -- Ketu North) 7:22 p.m.
Mr Speaker, I rise to support the Motion for the House to adopt the Report of the Committee. The syndicated facility is something COCOBOD has been taking over the years. --
Mr First Deputy Speaker 7:22 p.m.
Hon Leader, please hold on. Could every Hon Member who is not given the Floor to speak take his or her seat?
Hon Member for Tema West, take your seat. Hon Member for Nzema -- Hon Member for Health, is that you? Kindly take your seat.
Now let us have some order while the Hon Leader has his say.
Mr Avedzi 7:22 p.m.
Mr Speaker, I was saying that the facility is a normal one that we always take for COCOBOD
to procure cocoa beans. But I was looking at the terms of the facility. While we are making savings in terms of the arrangement and participation fee, which is now 1.0 per cent flat of the facility as compared to the previous year which was 1.25 per cent, we are equally not making any savings if you look at the commitment fee.
Mr Speaker, on page 6 of the Report, the commitment fee is 35 per cent of the margin, and the margin is actually 1.1 per cent per annum. Now, 35 per cent of the margin would be about 0.385 per cent of the facility as compared to the previous year which was 35 per cent of the margin. The margin for last year was 0.55 per cent of the facility. So you could see clearly that you are not making savings in this year's facility. While we are paying 35 per cent of 1.1 per cent, it is more than 35 per cent of 0.55 per cent of the previous year.
I would want to draw the attention of the Hon Chairman and probably to COCOBOD that, yes, they made savings by reducing the participation by 25 per cent, but they could do more and maintain the previous margin of 55 - It depends on the market. Even though we are making an overall savings in terms of the overall cost of US$25.33 million as compared to US$33 million, there is
Mr Avedzi 7:22 p.m.


opportunity to make more savings. I just wanted to draw Hon Members' attention to that.

Mr Speaker, I support the Motion. We can go ahead and approve it for

COCOBOD.
Mr First Deputy Speaker 7:22 p.m.
Yes, Majority Leadership?
Mr Frank Annoh-Dompreh 7:22 p.m.
Mr Speaker, I was signalling you if you could go on to the Resolution.
Mr First Deputy Speaker 7:22 p.m.
Hon Members,
Question put and Motion agreed to.
Resolved Accordingly.
Mr First Deputy Speaker 7:22 p.m.
Resolution numbered as item numbered 32 on page 16, yes, Hon Deputy Minister?
RESOLUTIONS 7:22 p.m.
THIS HONOURABLE 7:22 p.m.
HOUSE HEREBY RESOLVES 7:22 p.m.
Chairman of the Committee (Mr Kwaku Agyeman Kwarteng) 7:22 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 7:22 p.m.
Yes, Hon Leader?
Mr Annoh-Dompreh 7:32 p.m.
We can now take the item numbered 33 on page 17 of the original Order Paper.
MOTIONS 7:32 p.m.
Chairman of the Committee (Mr Kwaku A. Kwarteng) 7:32 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80(1) which requires that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Finance Committee on the Request for waiver of stamp duty amounting up to the Ghana cedi equivalent of seven million, five hundred thousand United States dollars (US$7,500,000) on the Receivables-backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of
Minority Leader (Mr Haruna Iddrisu) 7:32 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved Accordingly.
MOTIONS 7:32 p.m.
Chairman of the Committee (Mr Kwaku A. Kwarteng) 7:32 p.m.
Mr Speaker, I beg to move, that this honourable House adopts the Report of the Finance Committee on the Request for waiver of stamp duty amounting up to the Ghana cedi equivalent of seven million, five
hundred thousand United States dollars (US$7,500,000) on the Receivables-backed Trade Finance Facility between Ghana Cocoa Board (COCOBOD) and a Consortium of Banks and Financial Institutions, with the Government of the Republic of Ghana as Guarantor, for an amount of up to one billion, five hundred million United States dollars (US$1,500,000,000) to finance the purchase of cocoa for the 2021/2022 Crop Season by the Ghana Cocoa Board.
Mr Speaker, in doing so, I make reference to your Committee's Report, which I presented and when we were taking the Motion listed as item 30 - ordinarily, I should have moved it together but I forgot to do so.
Mr Speaker, it is in respect of a stamp duty to the tune of US$7.5 million in respect of the facility which the House has just approved. Again, it is to support the good reasons for which the facility itself has been accepted by this House.
Minority Leader (Mr Haruna Iddrisu) 7:32 p.m.
Mr Speaker, I beg to second the Motion. This is a best practice - what has always happened. Parliament allows for the stamp duty - 0.5 per cent to be charged. But Mr Speaker, to encourage COCOBOD to focus on their primary and core
business. I am worried about the number of road contracts they have awarded.
Mr Speaker, even though this Motion is on stamp duty, COCOBOD today owes cocoa farmers and they owe PBCs. They should endeavour to clear that as that would make some money available for the cocoa farmers to be able to get their inputs going and to support the production of cocoa which remains a critical export product for Ghana; not only for the foreign exchange earnings but for employment and now, even for nutritional purposes.
Mr Speaker, with these few words, I support the Motion.
Question put and Motion agreed to.
Resolved Accordingly.
Mr First Deputy Speaker 7:32 p.m.
Item numbered 35?
RESOLUTION 7:32 p.m.
Minority Leader (Mr Haruna Iddrisu) 7:32 p.m.
Mr Speaker, I beg to second the Motion for the adoption of the Resolution.
Question put and Motion agreed to.
Resolved accordingly.
Mr Annoh-Dompreh 7:32 p.m.
Mr Speaker, we can now go on to Order Paper Addendum 3 and take the item numbered 3.
Mr Haruna Iddrisu 7:32 p.m.
Mr Speaker, if we can go to the Bill, while we have further consultation - my understanding is that the Hon Chairman of the Finance Committee and Members of the Finance Committee must have a road map as to how this tax exemptions - under the 1D1F and in particular, the one they want to lay. We want to see when the original agreement was brought before Parliament before they are coming to ask for exemptions. Let the Table Office produce the original agreement. - [Interruption] - In 2006, they said something was brought. That is past. Government's position on tax exemptions have changed. We do not see why we should give this amount of money to a hotel owner. It is not justifying good spending of public money and
therefore, let us be doing the Bills while they consult more. [Interruption] -- Bring us the original Bill. I would want to know how this tax exemption was granted. If Parliament said so in 2006 that they are entitled to that exemption, I have no objection but if I do not have that reference document and they just come and say they want that amount of money -- US$311,000. They should just give us the reference document.
Thank you, Mr Speaker.
Mr Kwarteng 7:32 p.m.
Mr Speaker, if I may comment --
Mr First Deputy Speaker 7:32 p.m.
Hon Member, this is for Leadership.
Mr Annoh-Dompreh 7:32 p.m.
Mr Speaker, I thought we had struck some understanding but if under the circumstance, I am willing to agree with our Hon Colleagues to go on to the Bill after which we can deal with that particular item.
So, Mr Speaker, we can now take the item numbered 51 on page 32 of the original Order Paper and seek your leave for the Hon Majority Leader to take the item.
Mr First Deputy Speaker 7:32 p.m.
Item numbered 51.
Minority Leader (Mr Haruna Iddrisu) 7:32 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved Accordingly.
Mr First Deputy Speaker 7:32 p.m.
Item numbered 52 - National Centre for the Coordination of Early Warning and Response Mechanism Bill, 2021 at the Consideration Stage.
BILLS -- CONSIDERATION 7:42 p.m.
STAGE 7:42 p.m.
Mr First Deputy Speaker 7:42 p.m.
Hon Members, clause 1?
Clause 1 -- Establishment of the National Centre for the Coordination of Early Warning and Response Mechanism.
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, I would like to seek your leave, even though in clause 1, there is no advertised amendment.
Mr Speaker, I beg to move, clause 1, paragraph (1), line 2, after “mechanism” delete “within the Office of the President.”
Mr Speaker, this suggests that we will create this office within the Office of the President. Those words are not necessary. It should just be:
“There is established by this Act, the National Centre for the Coordination of Early Warning and Response Mechanism”.
Even when we say “within the Office of the President”, they have come here to argue that there is National Security Act. So, if they want to place it within National Security, they should say so, but they should not come and say that “within the Office of the President”. It is as if in the President's Office, they are setting up an Early Warning and Response Mechanism. That is wrong. They are setting up a National Centre for Coordination of Early Warning and Response Mechanism.
Mr Kyei-Mensah-Bonsu 7:42 p.m.
Mr Speaker, the Authority of Heads of States and Governments in their wisdom by the Treaty which has given birth to this Bill, suggested that and it is part of the Treaty that it should be under the auspices or within the Office of the President. That is why it is there.
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, we are domesticating the law. Then they should delete “within” and say “…in the office of the President”, because “within” connotes - If that is what the protocol stated. Table Office should give me a copy of the protocol as was agreed on.
Mr Kyei-Mensah-Bonsu 7:42 p.m.
Mr Speaker, I think “in the Office of the President” is perhaps better. Even with the words used by the Treaty, it is
“within”, but I think that “in” is a better construct than “within”.
Mr First Deputy Speaker 7:42 p.m.
Very well. So, in line 2, delete “within” and insert “in”.
Question put and amendment agreed to.
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, in clause 1, paragraph (2):
“The Centre shall operate as...”
I do not have the Protocol with me. If I had my way, I would say:
“…a national security agency for strategic research...”
Or do we just want to say “national agency for strategic research”, because all along, we have been told that it will operate within our National Security space, so we should find a way for “security” to come between “national” and “agency”? This is for paragraph 2(a).
Mr Speaker, paragraph 2(b), “…a non-profit organisation with a public interest mandate.”
Mr Speaker, you know the law. Now, profit organisations come as limited liability companies guaranteed by the companies' code. We are
Mr First Deputy Speaker 7:42 p.m.
Hon Member, so what is the proposed amendment?
Mr James Agalga 7:42 p.m.
Mr Speaker, I support my Hon Leader in this, but in respect of the proposed amendment, relative to paragraph 2 (a), he would want us to insert “security” between “national” and “agency”. But when the sponsors of this Bill appeared before us at the Committee level, they made a point that they want this body to be autonomous. So, I raised that point that already, there are structures that are responsible for early warning and so on. So, if we look at the Security and Intelligence Act of 2020 (Act 1030), we would find that there is an inter-ministerial committee. Basically, what that committee does is to do early warning amongst other functions under the aegis of the Ministry of National Security, but they insisted that they want this body to stand alone and have some level of autonomy.
Mr First Deputy Speaker 7:42 p.m.
Hon Member, so “a national agency for strategic research” and “a non-profit organisation”. Are you in support of the two of them?
Mr Kyei-Mensah-Bonsu 7:42 p.m.
Mr Speaker, I in a similar fashion, was going to oppose the proposal to amend clause 1, paragraph 2 (a) to include security. But the construct of article 83 of the Constitution, if we want to create a national security agency, it should be situated within the National Security Council as established by the Constitution. That is not what we are doing. In that regard, I oppose the first one.

Mr Speaker, this is under the auspices of the President; it cannot be an independent centre, but it can be an independent institution. That is why I am saying that we should call it a “unit”, because it would operate in the Presidency. It should operate as a “unit” and not as a “non-profit organisation”.

7. 52 p.m.
Mr First Deputy Speaker 7:42 p.m.
So, the proposed amendment is to delete “non-profit organisation” and insert “unit”.
Question put and amendment agreed to.
Clause 1 as amended ordered to stand part of the Bill.
Clause 2 -- Objects of the Centre.
Mr Bryan Acheampong 7:42 p.m.
Mr Speaker, I beg to move, paragraph (a), line 1, before “emerging” insert “an”.
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, it is not neat when we say,
“the timely identification of an emerging crisis...”
However, I do not see anything wrong with the phrase
“timely identification of emerging crisis”.
We do not have to insist on the insertion of the article “an”. Clause 2 reads, and I quote:
“The Objects of the Centre are to assist the ECOWAS Commission in…” In subclause (a), the sentence begins with the
article “the”, and in subclause (b) also, the sentence begins with the article “the”. Therefore, we should rather put the phrase “in the” at the end of the opening clause in clause 2 to make it neater.
However, even the phrase “in the” in my view is wrong. I beg to move that we capture the opening clause of clause 2 to read:
“The objects of the Centre would be to assist the ECOWAS Commission “with”…”
I propose that we use the word “with” instead of “in” because I am not comfortable with the word “in”. So, subclause (a) would read:
“With the timely identification of emerging crisis in the West African sub-region; and
(b) “Implementation of an improved crisis response mechanism.”
So, we would not need the article “the” --
Mr First Deputy Speaker 7:42 p.m.
If you do not use the article “an”, then you are suggesting plural, and in that case, in the use of the word “crisis”, the second letter “i” can be changed to “e”. So, it would read: “Timely identification of emerging crises…”
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, if the Committee insists on what is elegant, I would go with them.
Mr First Deputy Speaker 7:42 p.m.
Hon Majority Leader, that is the suggestion by the Hon Minority Leader.
Mr Kyei-Mensah-Bonsu 7:42 p.m.
Mr Speaker, to marry paragraph (a) and (b), I have no position on the suggestion proffered by the Hon Minority Leader, whether it should be “with the timely identification…” or “in the timely identification…” The burden of the identification is on the ECOWAS Commission, so it is like they are assisting. This unit or this centre is assisting in the timely identification by the ECOWAS Commission, or they are providing assistance to the ECOWAS Commission in a timely identification. So, either way is right.
However, with the other one that he suggested, opposing the insertion of the word “an”, if we do so, then when we come to paragraph (b) which reads:
“The implementation of an improved crisis response mechanism”, we should also delete the article “an” there to be consistent. If we delete the “an”, then it should be deleted in (b) as well.
Question put and amendment agreed to.
Clause 2 as amended ordered to stand part of the Bill.
Clause 3 -- Functions of the Centre
Mr Bryan Acheampong 7:42 p.m.
Mr Speaker, I beg to move, Paragraph (a), opening phrase, line 1, delete “centralise” and insert “collate”.
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, I have a difficulty with substituting the word “collate” for the word “centralise”. The words “collect”, “centralise”, and “analyse” data all have meaning. Mr Speaker, with your leave and indulgence, what I would have asked the Hon Chairman to add there is the word “store”. We have collected, we have centralised and would be analysing the data, so we should also “store” it. Therefore, I would propose that we add the word “store” to it.
However, the word “collate” can rather be substituted for the word “collect” and not the word “centralise” unless it has a technical meaning. So, we may have to give it a technical meaning, but the word “collate” cannot mean the same thing as the word “centralise”. What we are saying is that we are going to deal with early warning system in the ECOWAS sub- region, so when the information comes, they would want us to deal with it at a centralised level. That is my understanding, but if that is not it,
then the Hon Chairman could explain the word “collate”.
Mr Bryan Acheampong 7:42 p.m.
Mr Speaker, the idea in intelligence gathering is that one would have to collect the information from various sources, put down all that information together to make sense out of it, analyse the data, and then share it. So, it is not a function of collecting, storing and centralising. It assumes that once a person has collected the information, definitely, it is being stored, and once a person analyses it, it assumes that that information is in storage. So, the storage aspect is assumed. It is part of the functions, and we do not have to describe it here.
Therefore, with the intelligence gathering, a person would have to collect from different sources, put it together, collate and then analyse. It is the centralising that we intend to delete and insert the word “collate”, assuming that we are putting all information from various sources together. That is the idea behind this.
Mr Haruna Iddrisu 7:42 p.m.
Mr Speaker, he is assuming the storm. We do not assume with legislation.
My Speaker, if somebody gives you information on your phone, you would want to be able to make use of the information, and sometimes, you would want to save it. So, to
“save” is what I proposed as “store”. When one collects an information and analyses it, we cannot just assume that it would necessarily be stored, and that is why I am saying that we should add it to their mandate that they have the power and the legal right to store information. Therefore, I think that we should add the word “store” to it because after data has been collected, tomorrow, somebody could ask of where that data was kept.
Mr Kyei-Mensah-Bonsu 7:42 p.m.
Mr Speaker, I entirely agree with what the Hon Minority Leader has said. I am looking for my own proposed amendment, but unfortunately, they are not captured on today's Order Paper. Concerning my proposed amendment, I said that we cannot just collect information when we have not monitored the situation. So, I even said that it should begin with shall monitor, collect, collate and maintain data. I did not use the word “store”, but I said they shall analyse and “maintain” data. However, the word “maintain” in that context is akin to the word “store” that the Hon Minority Leader referred to. So, I think that I agree with his rendition to either use the word “maintain” or the word “store”. I have written my proposed amendment as: “…shall monitor, collect, collate, analyse and maintain data or information provided…” If we like the word “store”, then we can use that word, but I think that it is incomplete. So, I would prefer the use of the word
Mr Kyei-Mensah-Bonsu 7:42 p.m.


“maintain” because maintenance implies the storing and keeping in good shape the information that one stores. So, my proposed amendment is for us to capture it as shall “monitor, collect, collate, analyse and maintain data or information provided”. We used a similar terminology in the National Signals Bureau Act.
Mr First Deputy Speaker 8:02 p.m.
I am waiting for the proposed amendment to put a vote on it.
Mr B. Acheampong 8:02 p.m.
Mr Speaker, I agree to it.
Mr First Deputy Speaker 8:02 p.m.
So are you withdrawing the proposed amendment?
Mr Kyei-Mensah-Bonsu 8:02 p.m.
Mr Speaker, for the avoidance of doubt, the new rendition of clause 3(a) will read:
“To achieve the object of the Centre, the Centre shall
(a) monitor, collect, collate, analyse and maintain data or information provided by”.
Question put and amendment agreed to.
Mr Haruna Iddrisu 8:02 p.m.
Mr Speaker, when you go to clause 3(b), we cannot use the word, “propose” in legislation. In legislation, you act; we either implement or enforce, but we cannot say:
“propose options following an in-depth analyses of challenges or threats related to human security”.
Even the use of the word “or” there is not good enough; both must be combined - “challenges and threat”. We cannot say, “challenges or threat”.
Mr Speaker, my difficulty is with clause 3(b). We do not have to use the word “options” there; it should be “mechanisms” - “propose response mechanisms”.
I have a difficulty with the word “propose”. We are either asking the Centre to “implement response mechanism” or “enforce response mechanism” or do something about it. A legislation cannot say propose something. If it proposes and nothing happens, we cannot hold anybody because we said it should propose. Mr Speaker, we would have to improve upon the word there.
Mr B. Acheampong 8:02 p.m.
Mr Speaker, the Early Warning Centre is an information clearing house for ECOWAS member States. Hence, if
there is an emerging threat in one's country and they have collected the information and analysed the data, their responsibility is to share the information with other ECOWAS country centres as established. You would now have to propose an option for how to deal with the situation because it is localised to you; you report and propose options to deal with it. [Interruption.] Yes, you would propose a response.
Mr Haruna Iddrisu 8:02 p.m.
Mr Speaker, with your leave, I propose that we delete “propose” and insert “recommend”. You do not propose; you recommend.
Mr B. Acheampong 8:02 p.m.
Mr Speaker, I agree.
Mr Agalga 8:02 p.m.
Mr Speaker, I believe the use of the word “propose” flows directly from clause 2. If you look at clause 2, the object of the Centre is to assist the ECOWAS Commission. Thus, when you are to assist, yours is to propose options. In the face of an emerging crisis, you propose because your recommen- dations or solutions would not be binding on the Commission; they are proposals that you make for the consideration of the ECOWAS Commission.
Mr B. Acheampong 8:02 p.m.
Mr Speaker, whether we propose or
recommend, it leaves with the same thing. We would inform the Commission of an emerging threat. Either way, we are fine. If the word “propose” cannot stand, we will go with the recommendation of the Hon Leader.
Mr First Deputy Speaker 8:02 p.m.
I am waiting for the proposed amendment. What is the proposed amendment?
Mr Haruna Iddrisu 8:02 p.m.
Mr Speaker, I beg to move, clause 3, paragraph (b), delete “propose” and insert “recommend”.
Mr B. Acheampong 8:02 p.m.
Mr Speaker, I agree.
Question put and amendment agreed to.
Mr Kyei-Mensah-Bonsu 8:02 p.m.
Mr Speaker, the proposal or recommendation of options following an in-depth analysis of challenges or threats cannot relate to only human security. This deals with the ECOWAS sub-region. Consequently, I propose and amendment that at the end of “human security” to include “and the unity and stability of the countries in the ECOWAS sub- region”.
Apart from human security, we are also dealing with nationhood - nations
Mr Kyei-Mensah-Bonsu 8:02 p.m.


in the ECOWAS sub-region. I said, we should, at the end of the paragraph, insert “and the unity and stability of the countries in the sub-region” so that it would read:

“recommend response options following an in-depth analysis of challenges or threats related to human security and the unity and stability of the countries in the sub-region”.
Mr Haruna Iddrisu 8:02 p.m.
Mr Speaker, I support the Hon Leader, but I urge him to drop the word, “unity” and leave it at “stability of the countries in the sub- region”. He should drop “unity” because “stability” is sufficient.
Mr B. Acheampong 8:02 p.m.
Mr Speaker, “human security” here refers to security of people and communities as against national security that has do with security of States. The phrase here has a meaning, and that is what the ECOWAS Commission recommended - that we should use “human security” because we are talking about the security of communities and people as against the security of States.
Inasmuch as the security of people and communities have an impact on States, they were clear in their choice of words that the ECOWAS Centre
for the Early Warning Mechanism would deal with the security of people and communities as against the security of States.
Mr Ayariga 8:12 p.m.
Mr Speaker, just to buttress the position of the Hon Chairman of the Committee, we should also not forget that in spite of all these mechanisms, we are still obliged to uphold the principle of non- interference in the domestic affairs of countries. In that respect, when you create a body like this and vest it with powers to deal with powers that relate to State security, then, we may be overreaching and violating the principle of non-interference in the internal affairs of States.
Therefore, let us distinguish between “state security” and “human security”, given the fact that we often deal with - let us say, for instance, issues of transhumance, dealing with people moving from one part of the sub-region to the other. We are more concerned about the human beings, and the communities relative to the States and leaving decisions relating to the States to the state security apparatus to have ultimate responsibility.

So, let us maintain the current rendition within though, ultimately, as

we have rightly noted, it has implication for national security but then we do not want to be seen as interfering in matters of national security. That is why this rendition has been used.
Mr Kyei-Mensah-Bonsu 8:12 p.m.
Mr Speaker, let Hon Colleagues refer to the memorandum. The first paragraph of the memorandum reads:
“The object of the Bill is to establish a National Centre for Coordination of Early Warning and Response Mechanism to assist the Economic Community of West African States (ECOWAS) Commission in the timely identification of emerging crisis in the West Africa sub- region…”.
It is the entirety of the sub-region, so he should not say that it relates to only countries - the entirety of the sub-region is the purpose of this Bill. So, if human security is threatened in a particular community, it has obvious implications on the stability of that nation within the sub-region. It is the purpose of this Bill, so talking now about individual national sovereignties, the principles that underpin the ECOWAS treaty and protocol really relate ultimately to ceding some aspect of their sovereignty so it cannot
be fixated on statehood. That is a no go area - no, that is not it. The Hon Minority Leader said that we could drop the word “unity''. I do not have an allergy towards that but I think the stability of the countries in the sub- region is important.
Mr First Deputy Speaker 8:12 p.m.
Can you make up your mind so that we move forward, please?
Mr Haruna Iddrisu 8:12 p.m.
Mr Speaker, put the Question on the original rendition. The human security is used in the MoU that we approved as a standalone human security and now human security is all encompassing when it is used as a technical term.
Mr B. Acheampong 8:12 p.m.
Mr Speaker, the choice of human security again was to ensure that we would set up a parallel national security structure because all States have national security structures that deal with matters of national security and they have mechanisms to share information. This one would only deal with matters of human security that has to do with communities and people. Setting up another centre that deals entirely with matters on national security would have conflicts with State mechanisms that are already in place. So, if Hon Members would allow the ‘human security' remain as
Mr Kyei-Mensah-Bonsu 8:12 p.m.
Mr Speaker, if the Hon Chairman who sponsored the amendment has run away from his own proposal, I would yield to him.
Mr First Deputy Speaker 8:12 p.m.
I have taken the other amendment, so which amendment is pending now?
Mr Kyei-Mensah-Bonsu 8:12 p.m.
Mr Speaker, what I would no longer pursue is what I proposed the amendment to be at the end. So, I am no longer interested - I have dropped it.
Mr B. Acheampong 8:12 p.m.
Mr Speaker, the only amendment that would stand in clause 3 is the insertion of “monitor'', “collect'', “collate'' and “analyse''.
Mr First Deputy Speaker 8:12 p.m.
It is still amended.
Clause 3 as amended is ordered to stand part of the Bill.
Mr First Deputy Speaker 8:12 p.m.
There is no advertised amendment to clause 4.
rose
Mr First Deputy Speaker 8:12 p.m.
Yes, Hon Member for Zebilla?
Mr Kyei-Mensah-Bonsu 8:12 p.m.
Mr Speaker, there is an advertised amendment listed as item numbered (v) for clause 3 on the Order Paper Addendum 2, which bears the new amendment that has been proposed. I do not know whether you do not have that Order Paper Addendum.
Mr First Deputy Speaker 8:12 p.m.
Which Order Paper are you referring to?
Mr First Deputy Speaker 8:12 p.m.
Yes, Hon Member for Bawku Central?
Mr Ayariga 8:12 p.m.
Mr Speaker, even though there is no advertised amendment, I have some reservations with regard to clause 4.
Mr First Deputy Speaker 8:12 p.m.
Hon Member, I would return to clause 4. Apparently, I was operating from the main Order Paper but there appears to be a new proposed amendment contained in the Order Paper Addendum 2 which has just been brought to my attention. So, that would be item numbered (ii).
Mr Kyei-Mensah-Bonsu 8:12 p.m.
Mr Speaker, the Hon Chairman has given a strong indication that because the
Centre is a unit within the Presidency, we should not stress so much about building the capacity of it. So, if that is his view, maybe, we would drop that amendment. I thought it is really relevant to build the capacity of the Centre to check, monitor and analyse. They have that responsibility but he says that the capacity should be built and I really cannot understand why he said we do not need that.
The end is really problematic, that is, “identifying the potential impact on the sub-regional security and the sub- regional well-being''. It would be problematic against the background of what amendment we have just lost, relating it only to human security. Perhaps, we could just leave it at ‘to identify potential impacts on human security' but to say that we do not need to build the capacity and knowledge of the Centre, I can understand but I was not at the workshop.
Mr First Deputy Speaker 8:12 p.m.
Do we need to legislate that? Those are operational issues.
Mr Haruna Iddrisu 8:12 p.m.
Mr Speaker, the Hon Majority Leader's proposal in clause 3 that he just referred to would be cured if his other amendment of including the Ministry for Transport and Communications
are added because they would play that role to appreciate what advances are within technology. So, we would pray on him to abandon
“build capacity to check, monitor and analyse sub- regional levels, technological advances in the information industry''.
That cannot be the role of any Early Warning Centre. This one would fall within the domain of the Hon Minister for Communications. For instance, today, the world has moved from 3G to 4G - the person to advise Government if they want to procure IT, it should be consistent with 5G and not 4G would be the Hon Minister for Communications. When the Hon Majority Leader's amendment is carried, it would take care of his concern, so he should abandon it so that we could make progress.
Mr Kyei-Mensah-Bonsu 8:22 p.m.
Mr Speaker, with some reluctance, I may want to do that because when we fashioned the law on the establishment of the National Signals Bureau, after the establishment of the Bureau, we said this was a necessary ingredient.

So, I am surprised to hear that we cannot legislate on this because it is

part of the architecture of the National Signals Bureau. But if Hon Members do not remember and insist that we do not need it, I have no fixation on that. I think it is instructive to take a cue from what we have done with respect to the Security and Intelligence Agencies Act and indeed, the National Signals Bureau Act. If the insistence is that we do not need it, I do not know what --?
Mr B. Acheampong 8:22 p.m.
Mr Speaker, I am happy with the new position of the Hon Majority Leader. There are already State mechanisms that deal with sub-regional technological advances in the communication industry. We have the National Signals Bureau, the National Communications Authority and the National Cybersecurity Centre that deal with matters of technological advances that affect the security of the State. So, I am happy that the Hon Majority Leader has stepped down the amendment. The original one should remain.
Mr First Deputy Speaker 8:22 p.m.
Very well, so I will put the question on clause 3 again.
Question put and amendment agreed to.
Clause 3 as amended ordered to stand part of the Bill.
Clause 4 -- Headquarters of the Centre
Mr Cletus A. Avoka 8:22 p.m.
Mr Speaker, I submit that clause 4 is superfluous and redundant and it ought to be deleted. If we look at clause 1(1), it states:
“There is established by this Act, the National Centre for the Coordination of Early Warning and Response Mechanism within the Office of the President.”
It is in the Office of the President and we come and say that the Headquarters is in Accra. That is redundant and superfluous. Where is the Office of the President? It is in Accra.
With the greatest of respect, it does not add anything to this. Besides, the President can decide to relocate his Office, so wherever the President goes, this Centre also goes with the President. So, to say it shall be located in Accra is superfluous and redundant.
Mr First Deputy Speaker 8:22 p.m.
If the Office of the President is moved to Zebilla, it would be located at Zebilla.
Yes, Hon Chairman of the Committee?
Mr B. Acheampong 8:22 p.m.
Mr Speaker, the Office of the President is the office that the President so decides. If the President moves to the Northern Region, the Office that he uses at that point is the Office of the President. If the President moves to Peduase --
So, in this case, the Headquarters of the Centre shall be located in Accra which formed part of the treaty that was signed. Therefore, I suggest that it should remain as it is. I think the object was that it should be in the national capital.
Mr Bernard Ahiafor 8:22 p.m.
Mr Speaker, thank you for giving me the opportunity to support the proposal being made by the wise man that indeed clause 4 is superfluous because by imperative, it can only be at the Office of the President. If all of a sudden the Office of the President moves to the North, then by the provision as in clause 1, the Office would automatically move to the North. If it moves to the Ashanti Region, then the Office would automatically move to the Ashanti Region. So, basically, there is no need saying that the Office or Headquarters should be in Accra.
If the Headquarters is in Accra and the Office of the President happens to move to the Volta Region, what happens to clause 1? It is so
inconsistent that we must try and reconcile the two. Indeed, clause 4 of the Bill appears to be superfluous.
Mr Agalga 8:22 p.m.
Mr Speaker, I think the clause 4 should be allowed to stand because the fact that an agency is under the Presidency does not necessarily mean that that agency must operate from the national capital. That agency can operate from Tamale but still be treated as one under the Office of the President. It is as simple as that.
We have several agencies with offices completely detached from the Presidency but they are located here in Accra. In the same vein, an office can operate under the Presidency but not be located in the national capital. It could operate from Kumasi or Tamale but under the - [Interruption] - So, with the greatest of respect, let us leave it.
Mr Kyei-Mensah-Bonsu 8:22 p.m.
Mr Speaker, I am inclined to associate with the sentiments expressed by the Hon Cletus Avokah.
Mr Speaker, this is a national centre for the coordination of the early warning and response mechanism. They are to monitor, for the purpose of detecting emerging crises. It becomes necessary as a response mechanism after the detection to relocate the Office of the President,
Mr Ayariga 8:32 p.m.
Mr Speaker, initially, I was going to ask because usually with this arrangements, if one is asked to host a sub-regional organisation, it comes with certain conditions. What is the condition relating to the location of the office in the hosting arrangements? What I hear the Hon Chairman say is that it is part of the condition that the Office of the Early Warning Centre should be in Accra. Now, if the condition for hosting it is that the office should be located in Accra, is it also the condition that it must be hosted in the Office of the President?
Mr Speaker, if we legislate something that is inconsistent with the hosting agreement, then we would be
running into a problem with those who are giving us the hosting rights. So, the Chairman of the Committee needs to establish that the hosting right is based on us hosting the Headquarters in Accra and that it should be an outfit of the Presidency.
Mr Speaker, for the argument about the Office of the President, well, as of now, the Office of the President is located. We can go back and amend clause 1 so that it is part of the Presidency. With the Presidency, I believe that is different from the Office of the President. The Presidency is just an institution. So, if they would want it to be elevated to the level of the Presidency, that is a completely different matter from when they say that it should be in the Office of the President and must be hosted in Accra.

Mr Speaker, as for the possibility that there would be a war situation and the Office of the President may relocate from Accra, that is a very remote possibility. At least, since we established Ghana as a nation, we have not been involved in any such war that has necessitated the movement of the Office of the President from Accra to the Ashanti or even the Northern regions. That is a very remote possibility and so, let us deal with what is known.

Mr Speaker, supposing we say that the hosting arrangement confers the hosting rights on us on condition that we have the headquarters in Accra and so the Legislation must capture that the headquarters should be captured in Accra.
Mr Kyei-Mensah-Bonsu 8:32 p.m.
Mr Speaker, with respect to my Hon Colleague, he is getting the whole arrangement wrong. This is required of all the nations in the sub-region to establish their own national Centres for the coordination of early warning and response mechanisms and not to serve for the entirety of the sub- region.
Mr Speaker, so I said I associate with him but he has gotten the concept wrong. That is why he is going on that trajectory. If it is a West African establishment, then he would be right but it is required of all the nations to establish their own national centres for the coordination of early warning and response mechanisms.
Mr B. Acheampong 8:32 p.m.
Mr Speaker, the Protocol required that the location of the Centre must be known in the Bill. The issue of it being hosted in the Office of the President does not necessarily mean that wherever the President goes, the Office goes with it. The President can
always appoint an Office for the Centre to operate from and that will form part of the Office of the President but the Protocol was clear that there has to be a headquarters of the Centre and it must be in the capital, Accra.
All countries setting up their Early Warning Mechanism Centres are to do so in their capital cities. In this case, I recommend that the headquarters of the Centre shall be located in Accra and that should remain.
Mr Samuel O. Ablakwa 8:32 p.m.
Mr Speaker, we have to declare that the Hon Cletus Avoka and the Hon Majority Leader are right that the headquarters of every response Centre must be located at the Office of the President. What we were told by the sponsors is that the Agreement by the ECOWAS heads of States is that they want this to be right within the remit of the Office of the President in member countries so that it will have that high level recognition.
Mr Speaker, now, if we look at the Protocols, this is not a sub-regional headquarters, it is what Ghana, Burkina Faso, La Cote d'Ivoire, Guinea Bissau, Mali and Liberia are doing. They are all locating it within the Office of the President, so we are under no obligation to have this in any specified geographic location in our laws. All that the Protocol says is that it should be under the Office of the
Mr First Deputy Speaker 8:32 p.m.
Let me listen to the Hon Chairman.
Mr B. Acheampong 8:32 p.m.
Mr Speaker, I am persuaded by the argument to delete.
Mr H. Iddrisu 8:32 p.m.
Mr Speaker, the Hon Chairman should not be in a hurry. The Hon Avoka and Hon Majority Leader are being technical to the limit. If we take the Memorandum brought to us, which is on 19th March, 2021 - Minister for Regional Integration. It reads:
“Parliamentary ratification of the memorandum of understanding
between the Economic Community of West African States (ECOWAS) Commi- ssion and the Republic of Ghana relating to the implementation of the National Early Warning and Response Mechanism in Accra, Ghana”.
Mr Speaker, when we move further to the very first paragraph of page 2, it reads; ‘in Accra, Ghana'. So, Hon Avoka and the Hon Majority Leader are right but in diplomacy and for reporting purposes, let us leave it there when the President goes to the next ECOWAS meeting, he would announce that Ghana has announced an Early Warning Centre in Accra and that is it; it does no harm.
We can go through the Memorandum from the Minister for Foreign Affairs and it reads; ‘in Accra, Ghana'. It does not spoil anything. Let us leave it as it is and put the Question so that we can move on to clause 5.
Mr Kyei-Mensah-Bonsu 8:32 p.m.
Mr Speaker, I have the Memorandum and it does not, in any way, suggest that the Centre should be established in Accra. It just says that; ‘I have the honour to refer to our letter of giving reference dated so and so, and forward here with three hundred (300) copies of the revised Memorandum seeking Parliamentary ratification of the Memorandum of
Understanding signed between the Government of the Republic of Ghana and ECOWAS Commission on the implementation of the National Early Warning and Response Mechanism in Accra.
Mr Speaker, it is the signing that happened in Accra but it does not say that we establish the Centre in Accra.
Mr First Deputy Speaker 8:32 p.m.
Hon Members, the Hon Chairman of the Committee says that he agrees to clause 4 being deleted. I am going to put the Question.
Question put and amendment agreed to.
Clause 4 as amended ordered to stand part of the Bill.
Clause 5 -- Governing body of the Centre
Mr B. Acheampong 8:32 p.m.
Mr Speaker, I beg to move that clause 5, subclause (1), paragraph (b), add the following new sub-paragraphs;
(viii) Transport
(ix) Communication.
Mr H. Iddrisu 8:32 p.m.
Mr Speaker, I would support the Hon Chairman but
there is a problem with the construction of clause 5(1). We can even go further to -
“The governing body of the Centre is a Board consisting of
(a) a chairperson nominated by the President;
Mr Speaker, the words 8:42 p.m.
“nominated by the President” should be deleted. We just have to say; “The governing body of the Centre is a board consisting of
(a)a chairperson and other ministers --”
I will state my reason - we do not need “nominated by the President”. When we go further to clause 5(2), it says: “The President shall appoint the chairperson and other members of the Board in accordance with article 70 of the Constitution”.

If you are wrong, accept that you are wrong. Mr Speaker, article 70(2) reads:
Mr Speaker, the words 8:42 p.m.


“The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission”.

These are the words used.

Mr Speaker, so here, the President shall - I think there is something wrong with the construction here. The Governing Body of the Centre is a Board consisting of a chairperson and other members appointed by the President. This is my view and I do not think we should put nomination in there. The chairperson would be nominated.

Under clause 5(2) it states that the President shall appoint the chairperson so why do you now say the President must nominate the chairperson?
Mr First Deputy Speaker 8:42 p.m.
I thought this has been our practice? The nomination is the process and the appointment is the conclusion. That has been our style of legislation over the years.
Hon First Deputy Minority Whip?
Mr Ahmed Ibrahim 8:42 p.m.
Mr Speaker, I would want to support the amendment for the inclusion of the
Hon Minister for Transport and the Hon Minister for Communications and Digitalisation in the Governing Board looking at the crucial role they have to play. Mr Speaker, the Bill is in connection with early warning signs and response systems; however, in terms of early warnings, one crucial Ministry is being left out and that is the Ministry of Local Government, Decentralisation and Rural Development --
Mr Speaker, it has been catered for so I support the amendment.
Mr First Deputy Speaker 8:42 p.m.
Hon Member for North Tongu?
Mr Ablakwa 8:42 p.m.
Mr Speaker, I rise to seek your guidance. I support the amendment by the Hon Chairman; however, I noticed that the full rendition of the other ministries have been provided so I think we should state the full rendition of the Ministry of Communications which includes “Digitalisation”. So that we would be consistent with the proper rendition of the ministries.
Mr First Deputy Speaker 8:42 p.m.
Let us adopt the amendment, then I would direct the draftspersons to state the official designation of the Ministry of Communications.
Mr Agalga 8:42 p.m.
Mr Speaker, I want to introduce another dimension to the matter here.
Mr First Deputy Speaker 8:42 p.m.
Are you not a member of the Committee?
Mr Agalga 8:42 p.m.
Mr Speaker, I am a member.
Mr First Deputy Speaker 8:42 p.m.
As the Hon Ranking Member to the Committee on Defence and Interior, you should have done all these before bringing it here.
Mr Agalga 8:42 p.m.
Mr Speaker, I did but I was resisted so at the plenary I am entitled to resurrect the issue.
Mr Speaker, my point is that if we consider the rendition which reads that
“the Governing of the Centre is a Board consisting of a chairperson nominated by the President”
then we have Hon Ministers who are responsible for national security, defence, the interior, foreign affairs, et cetera - yet we are saying that the President would nominate a chairperson.
Mr Speaker, in order of precedence, these Hon Ministers of State who have been lumped here to constitute the Board cannot be chaired by somebody who does not take precedence over them. So, what is really envisaged here is for the Vice President to chair this body and I insist
that we should be specific and state it here because if the President nominates a person other than the Vice President, would that mean that the person has all of a sudden been elevated over and above all the Hon Ministers who have been listed here? Mr Speaker, in order of precedence this would create problems.
Mr First Deputy Speaker 8:42 p.m.
Even for Board memberships, there is order of precedence.
Mr Agalga 8:42 p.m.
Mr Speaker, absolutely.
Mr First Deputy Speaker 8:42 p.m.
So, if for example, having regard to the vast experience of the Hon Member for Zebilla, the President decides that he should chair this body, it means that he has been elevated above the Hon Ministers.
Hon Member, is that your suggestion?
Mr Agalga 8:42 p.m.
Mr Speaker, we had this problem with the Police Service Council. Under the Constitution, there was an amendment but whether we like it or not, we have reverted to the old system even after the amendment because that created a problem. To have somebody who is not an Hon Minister chairing the Police Service Council with all the Hon Ministers
Mr First Deputy Speaker 8:42 p.m.
It is a problem of our minds because this is just a Board and the person is to just lead the discussions. This should not have anything to do with precedence. Our mindset is --
In fact, I am arguing --
Hon Chairman?
Mr B. Acheampong 8:42 p.m.
Mr Speaker, let us be guided by the key recommendations in the treaty which stated clearly that the Centre shall have a Governing body to be chaired by a person appointed by the President and will comprise key Ministers of State and the Director of the Centre.
This Bill only reflects what was in the Treaty so I propose that it stands as it is.
Mr First Deputy Speaker 8:42 p.m.
Hon Member for Zebilla?
Mr Cletus Avoka 8:42 p.m.
Mr Speaker, this point was canvassed at length at the Committee meeting and we agreed that the rendition in the Bill should be
maintained. Mr Speaker, as you rightly observed, the President can decide to make a former Speaker of Parliament the chairman of the Board or any veteran Ghanaian who has an intellectual base in that area, the chairperson of the Board. This would not mean that the President is undermining any Hon Minister. Mr Speaker, this is flexible.
We are aware of the Ackaah experience so we did not think that we should insert the Vice President, but at the end of the day it is possible that a Vice President could chair it. However, we left it because of experience and expediency so I would humbly urge Hon Colleagues for us to retain what is in the Bill.
Mr First Deputy Speaker 8:42 p.m.
I would put the Question.
Question put and amendment agreed to.
Mr First Deputy Speaker 8:42 p.m.
Item numbered (viii).
Mr B. Acheampong 8:42 p.m.
Mr Speaker, we have decided to step this amendment down so that as and when a crisis emerges and for instance, it is the Ministry of Health, the President has the right to bring that Hon Minister in to lead that situation. So, whatever the crisis would be, the
Hon Minister responsible may be brought on board to deal with it. Mr Speaker, if we go on this tangent we would end up bringing in all the ministries because every Ministry has an element of human security.
So, we propose that after the insertion of the “Ministry of Transport and the Ministry of Communications and Digitalisation”, we would step down the amendment advertised as item numbered (viii).
Mr Kyei-Mensah-Bonsu 8:52 p.m.
Mr Speaker, as a co-sponsor of that amendment and upon reflection, I tend to agree with what the Hon Chairman of the Committee is proposing now. Mr Speaker, for instance, energy is of significant importance in such considerations because electricity installations are often targets of sabotage. So if you add the Ministry of Local Government, Decentra- lisation and Rural Development, we cannot leave out the Ministry of Energy. Then as the Hon Member is saying, perhaps, we may in due course have to include all the Ministries. Perhaps, we may drop the Ministry of Local Government, Decentra-lisation and Rural Development. [Interruption.]
I was just saying that the Ministry of Energy is of paramount importance in such a consideration. Do we add the Ministry of Energy to the Ministry of Local Government, Decentra- lisation and Rural Development? If we do that, perhaps, we may continue to be adding on. This is my only consideration to, maybe, delete the Ministry of Local Government, Decentralisation and Rural Development. Otherwise, the Ministry of Local Government, Decentralisation and Rural Development is crucial, but equally crucial is the Ministry of Energy.
Mr Speaker, this is my proposal. I am just joining ranks with the Hon Chairman, just so that we do not close the door on any Ministry. Let us leave it as it is with the inclusion of the Ministry of Transport and Communications and agree that whenever the need arises, any Ministry could be added.
Mr First Deputy Speaker 8:52 p.m.
Yes, Hon Member?
Mr Avoka 8:52 p.m.
Mr Speaker, I think we should drop the amendment. Almost every Ministry or sector is relevant for this purpose. If we have to add Ministry of Energy, Transport and Local Government, Decentra- lisation and Rural Development and the rest, it would become an unwieldy
Mr First Deputy Speaker 8:52 p.m.
The Hon Member who proposed the amendment is withdrawing his amendment. Is that right?
Mr Avoka 8:52 p.m.
Yes, Mr Speaker.
Mr First Deputy Speaker 8:52 p.m.
Very well. There is nothing before us then.
Amendment withdrawn by leave of the House.
Mr First Deputy Speaker 8:52 p.m.
I would say that clause 5 as amended is ordered to stand part of the Bill --
rose
Mr First Deputy Speaker 8:52 p.m.
Yes, Hon Member, do you have any matter? Are you proposing a new amendment?
Mr Ablakwa 8:52 p.m.
Mr Speaker, I just thought that I should draw attention to a matter we raised at the Committee so that the record would reflect that we take the view that this whole body under clause 5 is a duplication of an article of the 1992 Constitution, which establishes the National Security Council.
Our view is that we should just have used the National Security Council and let it apply, then we set up a secretariat under the National Security Council but because other member countries do not have the Constitution that we have they do not have a National Security Council. So that is all we should have done, which is even more elaborate as the IGP --
Mr First Deputy Speaker 8:52 p.m.
Very well. Some Hon Members are having amendments before me, and you are not even proposing one. This is not a time for debate. Can I move on?
Clause 5 ordered to stand part of the Bill.
Clause 6 -- Functions of the Board
Mr Haruna Iddrisu 8:52 p.m.
Mr Speaker, there is no advertised amendment, but pardon me, it is lazy drafting to have “oversee the activities of the Centre”.
Mr Speaker, we are dealing with the functions of the Centre. We should, at least state one or two of the functions. We cannot just say the function of the Centre is to oversee the activities of the Centre. Is overseeing the activities of the Centre sufficient?
Paragraph (b) is “Approve work plan and budget of the Centre and to perform any other functions”.
No. At least, the Board shall oversee activities of the Centre, and that is sufficient. All right, thank you.
Clause 6 ordered to stand part of the Bill.
Clause 7 -- Tenure of Office of members of the Board
Mr B. Acheampong 8:52 p.m.
Mr Speaker, I beg to move, clause 7, add the following new subclause after subclause (7),
“Where the vacancy under subsection (7) is in respect of the chairperson, the members of the Board shall elect a person from among their number to notify the
President of the vacancy and the President shall appoint another person for the unexpired term in accordance with this Act.”
Question put and amendment agreed to.
Mr First Deputy Speaker 8:52 p.m.
Yes, Hon Member for Akatsi South?
Mr Ahiafor 8:52 p.m.
Mr Speaker, before you put the Question on the entire clause 7, I would want to seek explanation from the Hon Chairman in view of the fact that by clause 5 of the Bill, the composition of the Board is all institutional representation. Then we are saying in clause 7, which is a standard provision relating to the tenure of office of the members of the Board.
In view of the fact that by clause 5, it is purely institutional representation, clause 7(1) says:
“(1) A member of the Board shall hold office for the period specified in the letter of appointment”.
My understanding of clause (5) is that whoever are the Ministers for National Security, Defence, the Interior, Foreign Affairs, Finance, Health, Environment, the Attorney- General and the Director, by a mere
Mr First Deputy Speaker 8:52 p.m.
Yes, Hon Chairman. He is suggesting that these clauses are impracticable.
Mr B. Acheampong 8:52 p.m.
Mr Speaker, I am not convinced by the proposed amendment made. I insist that the original amendment we introduced should stand.
Mr K. T. Hammond 9:02 p.m.
Mr Speaker, I am not sure whether the suggestions made by my Hon Colleagues are quite helpful. I think his suggestion is that how does one resign when he is the Attorney- General sitting on the Board? But one can resign as Attorney-General where the President replaces him and he becomes a member of the Board. But, of course, he cannot be an Attorney- General and resign from the Board. This is because he is on the Board by virtue of his position as the Attorney- General. So I do not quite get the point that he is making.
Mr First Deputy Speaker 9:02 p.m.
But you are actually confirming his position that as long as there would be an Attorney-General, it does not matter who the person is; that person would be a member of the Board. So the issue of resignation is impracticable. That is the point he is making. So when we say that a
member of the Board shall hold office for the period specified in a letter of appointment, what period are we talking about? At any point in time that there is an Attorney-General, he would be a member of the Board. When we say that if you are absent for three consecutive meetings you would lose your membership - if he remains an Attorney-General he cannot lose his membership. So he is saying that those clauses are in practice not possible, so we may not need them.
Mr Ayariga 9:02 p.m.
Mr Speaker, I think that in the case of the letter of appointment, that is quite simple. The letter can simply say that he is a member of the Board so long as he remains a Minister, so that should not be a problem. I think that the second and third ones about resignation and then not attending three consecutive meetings - that is really problematic. That is impracticable - to borrow the word of Mr Speaker. Hence, the Hon Chairman cannot insist that he wants it that way. He has to convince us that it is practicable to implement this law so that we can pass it. So Hon Chairman, please, show us how practicable it would be to implement this law and not just insist.
Mr Avoka 9:02 p.m.
Mr Speaker, we can cure this defect by providing under clause 7(2) that:
“A member of the Board under clause 5(1)(e) and clause 5(2) may at any time resign from office in writing to the President through the Chairperson.”
Mr Speaker, that would cure the mischief that we are saddled with now. That means the Director of the Centre who is not a Minister of State and therefore can be an outsider - that is under clause 5(1)(e). And then in clause 5(2) we should have:
“The President shall appoint the chairperson and other members of the Board in accordance with article 70 of the Constitution.”
These two categories of persons can resign by writing to the President but those who are office holders who are there by virtue of their offices or Ministers, it may not apply to them. If we adopt this amendment, it might make a difference.
Mr First Deputy Speaker 9:02 p.m.
Hon Senior, the argument is that we appear to be legislating targeting individuals whereas the position is for the offices which are permanent. So there is no need to relate to resignation, losing office or even by appointment. That is my understanding of the argument.
Mr Kyei-Mensah-Bonsu 9:02 p.m.
Mr Speaker, I believe the cure for that mischief identified by Hon Ahiafor is to relate clause 7 to those officers other than the persons or Ministers listed under clause 5(1) (b) and (c). This is because the chairperson nominated and appointed by the President would be given conditions of membership. Even the Minister assigned the responsibility for an emerging crisis could resign.
The Minister who is not listed amongst clause 5(b) and (c) could resign but remain as a Minister. So the Chairperson and the Director of the Centre - these three would be bound by defined tenure of office in accordance with clause 7 as provided. So it relates to only those three, not the other Ministers. Therefore, I agree with the proposal by Hon Ahiafor that those three could be exempted.
Mr Speaker, I have looked at the Security and Intelligence Agencies Act which relates to the National Security Council. There, we did not define the tenure of office of members of the Board because, necessarily, they must be Ministers. I think in accord to that, we could then relate the tenure to only these three people: The Chair, the Minister assigned responsibility for an emerging crisis and the Director of the Centre.
Mr Ahiafor 9:02 p.m.
Mr Speaker, I agree with the Hon Majority Leader. So long as it does relate to the Director -- because one is a member of the Board; he is the Director of the Board. One cannot be a director of the Board and resign from being a member of the Board. Once he resigns as the Director, he is no longer a member. But he cannot be a Director and then decide not to be a member of the Board. Probably, we would have to limit it to the Chairperson and then any Minister designated by the President to be responsible.
Mr First Deputy Speaker 9:02 p.m.
So please guide me; what is the amendment proposed?
Shall we stand that down while we move on? I would go to clauses 8 and
9.
Clauses 8 and 9 ordered to stand part of the Bill.
Clause 10 -- Non-payment of Allowances
Mr B. Acheampong 9:02 p.m.
Mr Speaker, I beg to move, after “shall”, insert “ordinarily”.
It would read:
“… shall ordinarily not be paid any allowances…”
Mr Haruna Iddrisu 9:12 p.m.
Mr Speaker, what is the essence of the whole clause 10? It should go. Whether they would be paid or not, must we legislate on it? If they would be paid, then we would legislate.

If we do want them to be paid just keep mute on it. “Non-payment of allowances”. It is a dangerous thing to put it in the law that they will not be paid allowances. We know the culture in Ghana. If they go for meetings and they think that they are entitled to allowances. I think that we should delete the entire clause 10.
Mr Ayariga 9:12 p.m.
Mr Speaker, also, the original rendition of clause 8 (4), which deals with the quorum says -- [Interruption.]
Mr First Deputy Speaker 9:12 p.m.
Hon Member, we are dealing with clause
10.
Yes, Hon Chairman, the proposal is that the entire clause 10 is not necessary; rather than amend it, delete it.
Mr B. Acheampong 9:12 p.m.
Mr Speaker, I agree.
Question put and amendment negatived.
Clause 10 is deleted.
Clause 11 -- Presidential directives
Mr Haruna Iddrisu 9:12 p.m.
Mr Speaker, must clause 11 be part of this Bill? We cannot reduce our President to issuing directives for effective and efficient implementation of the objects of the Centre. Maybe, we should delete it. Or we would want to say that “the President or a Minister”, but to reduce the President to presidential directives, that should not be part of this Bill. I proposed that the entire clause 11 be deleted -- [Interruption] -- I do not see what it is doing in a legislation. When we put it in the law, then we are saying that mandatorily, the President must issue directives. I have difficulty with the use of “may”.
Mr Kyei-Mensah-Bonsu 9:12 p.m.
Mr Speaker, the construct there really belongs to the realm of the issuance of regulations. In this case, we are not saying that the President should issue regulations for the effective implementation of the objects of the Centre. So usually, the Minister responsible would say:
“…may issue directives relating to policy and the Board may comply”.
That is not the instruction. So, if it is about the effective and efficient
Mr First Deputy Speaker 9:12 p.m.
There is no amendment before me, so I am waiting.
Mr B. Acheampong 9:12 p.m.
Mr Speaker, the Centre sits within the Office of the President, and as part of the President's administrative functions of the State, he can issue directives to any ministry, organisation or agency. So, putting it in the Bill it states as follows:
“The President may issue directives for the efficient and effective implementation of the object of the Centre” does not
hurt anything. I propose that clause 11 remains.
Mr First Deputy Speaker 9:12 p.m.
Hon Member, in all the other agencies, the President's executive power is being exercised by the Ministers. In this case, these are his ministers. So nobody, apart from himself can give them the directive, so I think it is appropriate it stays there.
Mr Avoka 9:12 p.m.
Mr Speaker, I think that under normal circumstances, the President should be dealing with the Board and not the Centre. The President cannot by-pass the Board to be dealing with the Director of the Centre.
Mr First Deputy Speaker 9:12 p.m.
I think it is obvious, because apart from the Coordinator, all the others are the Board members. So, the President may issue directives for the efficient and effective implementation of the object. That is obviously directed at the Board.
Question put and amendment negatived.
Clause 11 ordered to stand part of the Bill.
Clause 12 -- Director of the Centre
Mr B. Acheampong 9:12 p.m.
Mr Speaker, I beg to move, clause 12,
subclause (2), delete and insert the following:
“(2) The Director shall be a person of proven integrity and shall have the requisite knowledge and experience.”
Question put and amendment agreed to.
Clause 12 as amended ordered to stand part of the Bill.
Clause 13 -- Functions of the Director
Mr B. Acheampong 9:12 p.m.
Mr Speaker, I beg to move, clause 13, subclause (1), paragraph (b), line 1, before “monitor”, insert “direct and”.
Question put and amendment agreed to.
Clause 13 as amended ordered to stand part of the Bill.
Clause 14 -- Submission of reports
Mr B. Acheampong 9:22 p.m.
Mr Speaker, I beg to move, subclause (1), delete and insert the following:
“(1) The Director shall, not later than the 3rd day of each month,
submit to the Board, a monthly report in respect of the immediately preceding month.”
Question put and amendment agreed to.
Mr B. Acheampong 9:22 p.m.
Mr Speaker, I beg to move, subclause (3), delete and insert the following:
“(3) The Board shall, not later than the seventh day of each month, direct the Centre to submit the approved report of the immediately preceding month to the Early Warning Directorate of the ECOWAS Commission with a copy of the approved report to the Vice President of the ECOWAS Commission.”
Question put and amendment agreed to.
Mr Bryan Acheampong 9:22 p.m.
Mr Speaker, I beg to move, subclause (4), line 1, delete “timely and relevant reports” and insert “relevant reports timeously”.
Question put and amendment agreed to.
Clause 14 as amended ordered to stand part of the Bill.
Clauses 15 to 19 ordered to stand part of the Bill.
Mr Agbodza 9:22 p.m.
Mr Speaker, I come under Standing Order 28, which reads:
“An act or omission which obstructs or impedes Parliament in the performance of its functions or which obstructs or impedes a member or officer of Parliament in the discharge of his duties or affronts the dignity of Parliament or which tends either directly or indirectly to produce such a result shall be contempt of Parliament.”
Mr Speaker, I contend that the continuous Sitting from 10.00 a.m. to this time have the ability to harm the health of Hon Members of Parliament and in the process impede their ability to work effectively. This is because when they are sick, they cannot come back to work on time, so I come under this Standing Order to appeal to you to adjourn the House. Since you are the one presiding over the House, in this case, you may be the one in contempt of Parliament.
Mr First Deputy Speaker 9:22 p.m.
If you give me the name of the person in contempt, then I would refer the person to the Privileges Committee. [Laughter.]
Mr Agbodza 9:22 p.m.
Mr Speaker, according to this, we are here because Leadership and yourself are keeping us here. So, I am citing yourself and
Leadership as the possible persons to be in contempt of Hon Members of Parliament.
Mr First Deputy Speaker 9:22 p.m.
Very well, I hereby refer the Leadership and the Hon First Deputy Speaker to the Privileges Committee to consider their conduct and report. Let us proceed.
Mr Kyei-Mensah-Bonsu 9:22 p.m.
Mr Speaker, the Hon Member is referring to the conduct of the Hon Speaker and the Hon Leaders of this House. He must be aware that the conduct of the Hon Speaker and Hon Members of Parliament cannot be challenged unless upon a substantive motion. He must do the needful if he dares, and the Motion must be admitted by the Hon Speaker first. [Laughter.]
Mr First Deputy Speaker 9:22 p.m.
We would consider that when he appears before the Privileges Committee to prove his point. We shall proceed.
Mr Haruna Iddrisu 9:22 p.m.
Mr Speaker, even though you have put the Question, I would have to indulge you. I propose that clause 17(2) should rather read,
“The budget of the Centre shall be part of the budget of the Office of the President.”
We should not put it as “…is part of the budget…” I have a difficulty with it.
Mr First Deputy Speaker 9:22 p.m.
We are advised that now we legislate in the present. So, if you look at all our legislations, that is how we have styled it, at least, in the last two Parliaments before now.
Mr Haruna Iddrisu 9:22 p.m.
Mr Speaker, I agree, but you see, we are providing for budget purposes, so, we should bring in the mandatory word “shall”. That is why along the line, they said that even allowances would not be paid. We are told that it would be financed from the Government of Ghana. So, I was seeking to see if it could be improved. On clause 18, I proposed that we capture it as: “The other funds of the Centre “may” include…” We just captured it as: “The other funds of the Centre include (a) donations and (b) contributions”.
Finally, if the Hon Chairman still wants an improvement, then the headnote of clause 19 should read “Regional Cooperation”. This is because we would want member States to cooperate at the level of ECOWAS. So, we should qualify the headnote to read: “Regional Cooperation”. That is my suggestion to improve the Bill.
Mr First Deputy Speaker 9:22 p.m.
It may then read as “Sub-Regional Cooperation.” I direct the
draftspersons to effect these corrections.
Clause 20 -- Confidentiality
Mr B. Acheampong 9:22 p.m.
Mr Speaker, I beg to move, subclause (1), line 2, delete “the Oath of Secrecy” and insert “and subscribe to the Official Oaths and Oaths of secrecy.”
Mr First Deputy Speaker 9:22 p.m.
We are deleting the phrase “the Oath of Secrecy”, so, that phrase should not appear again. The Official Oaths include the “Oath of Secrecy”.
Question put and amendment agreed to.
Clause 20 as amended ordered to stand part of the Bill.
Clause 21 -- Interpretation.
Mr First Deputy Speaker 9:22 p.m.
Hon Minority Leader, we are on “Interpretation”, so I do not know whether you have something to say about it.
Mr Haruna Iddrisu 9:22 p.m.
Mr Speaker, what I was yearning for can still be cured. So, once clause 20 is carried, it means that when we get to page 11, you would have to direct that the ‘Official Oath' should reflect there accordingly so that it does not escape us.
Mr Haruna Iddrisu 9:32 p.m.


So, whatever schedule you create, as is directed, it would reflect the official oath.
Mr First Deputy Speaker 9:32 p.m.
Hon Chairman, you may move your amendments.
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, clause 21, Interpretation of “emerging crisis”, line 2, after “in” insert “security and”, and in line 4, delete “Africa” and insert “African”.
Question put and amendment agreed to.
Mr First Deputy Speaker 9:32 p.m.
Item numbered 1 (xvii).
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, clause 21, add the following new definition:
“Early Warning Directorate of the ECOWAS Commission” means the administrative entity set up under the Political, Peace and Security Department of the ECOWAS Commission;”
Mr Agalga 9:32 p.m.
Mr Speaker, we are at the tail end of the Bill, and the Hon Chairman is moving amendments
relative to Interpretation. I thought some advertisements had been made in respect of clause 21. For instance, in clause 21(1), we have “Offences for disclosure of information”. That should precede the proposed amendments relative to the interpretation.
Mr First Deputy Speaker 9:32 p.m.
Hon Member, none of those amendments are advertised; I do not know where you are quoting from. There is no clause 21(1) in the Bill.
Mr Agalga 9:32 p.m.
Mr Speaker, at page 6 of the Order Paper Addendum 2 -- this is a matter that we dealt with at the Committee, and it has been duly advertised.
Mr First Deputy Speaker 9:32 p.m.
That is “Offences for disclosure of information”; that would be a new clause. I think it should not be part of Interpretation. Probably, the numbering is wrong, but if we adopt it, we would give it a new numbering.
Mr Agalga 9:32 p.m.
Mr Speaker, even if the numbering would be different, it should precede the Interpretation. In organising clauses, Interpretation is always at the tail end.
Mr First Deputy Speaker 9:32 p.m.
I agree with you, but when we are finished with adopting the
Interpretation, the draftspersons will be directed to rearrange for the purpose.
Let us proceed to clause 21. There is even clause 19(1) here when we have already adopted clause 19 elsewhere. I am surprised. I have already called new clauses but they have been given numbers. That is where the error comes from.
Let us proceed. Item numbered 1(xvii).
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, clause 21, add the following new definition:
“ECOWAS Regional Early Warning and Response Centre” means the centre that coordinates the activities of the centres and analyses the early warning reports submitted by the Early Warning Centres in Member countries;”
Question put and amendment agreed to.
Clause 21 as amended ordered to stand part of the Bill.
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, clause 21, add the following new definition:
“Minister” means the Minister assigned responsibility for an emerging crisis;”
Question put and amendment agreed to.
Clause 21 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 9:32 p.m.
Hon Members, we have some new clauses. We should ignore the numberings since we already adopted clauses 19 and others previously.
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, add the following new clause after Clause 18:
“Accounts and audit
19. (1) The Centre shall keep books of account, records, returns and any other document relevant to the accounts in the form approved by the Auditor- General.
(2) The Board shall submit the accounts of the Centre to the Auditor-General for audit at the end of the financial year.
(3) The Auditor-General shall, within six months after the end of the immediately preceding

financial year, audit the accounts and

(a) submit the report to Parliament; and

(b) forward a copy of the audit report to the Minister.

(4) The financial year of the Centre is the same as the financial year of Govern- ment.”

Question put and amendment agreed to.

Clause 18 as amended ordered to stand part of the Bill.
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, add the following new clause after the new clause 19:
“Annual report and other reports
20. (1) The Centre shall, within thirty days after receipt of the audit report, submit an annual report to Parliament.
(2) The annual report shall include:
(a) a report on the activities and operations of the Centre;
(b) the report of the Auditor- General; and
(c) any other report that the Minister may consider necessary.”
Question put and amendment agreed to.
Clause 19 as amended ordered to stand part of the Bill.
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, add the following new clause after the new clause 20:
“Offences for disclosure of information
21. (1) Subject to the Constitution and section 20, a person shall not disclose any information obtained by that person or to which that person had access in the performance of functions under this Act or to which that person had access in the administration or enforcement of this Act and from which there can be inferred the identity of
(a) any other person who is or was a confidential source of information or assistance to the Centre; or
(b) a person who is or was an employee engaged in operational activities of the Centre.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.”
Question put and amendment agreed to.
Clause 20 as Amended ordered to stand part of the Bill.
Mr B. Acheampong 9:32 p.m.
Mr Speaker, I beg to move, add the following new clause after Clause 20:
“Regulations
The Minister may, on the advice of the Board, by legislative instrument, make Regulations for the effective and efficient implementation of this Act.”
Question put and amendment agreed to.
Clause 20 as amended ordered to stand part of the Bill.
Mr Haruna Iddrisu 9:32 p.m.
Mr Speaker, something is pricking my
mind. The Bill is on Early Warning, and we say, “The Minister may by regulations”. Regulations invoke article 11 of the 1992 Constitution. Assuming the President has to act, based on an early warning mechanism, how do we intend that it would be done? I am just raising it. It says a Minister would come by a regulation on how to operationalise this Act.
Given the centrality, even in your own thinking, you wanted the President to be giving directives. In the event that the President of the country wants to direct something related to the pursuit of this Act, what would happen?
Mr First Deputy Speaker 9:42 p.m.
The President always has an Executive Instrument.

Hon Chairman, the Schedule.

Schedule - Oath of Secrecy.
Mr First Deputy Speaker 9:42 p.m.
Hon Chairman, you may move your amendment to add item numbered (xxiv).
Mr B. Acheampong 9:42 p.m.
Mr Speaker, I beg to move, long title, line 3, before “emerging'', insert “an''.
Mr First Deputy Speaker 9:42 p.m.
Hon Chairman, I am talking about item numbered (xxiv) on the Order Paper Addendum 2, where you have proposed that a new provision should be added under “Official Oaths''.
That is what you are supposed to move.
Mr B. Acheampong 9:42 p.m.
Mr Speaker, I beg to move, the Schedule, add the following provision in the appropriate order:
“OFFICIAL OATHS
I………………………………………………………………….do (in the name of the Almighty God(swear) (solemnly affirm) that I will at all times, well and truly serve the National Centre for the Coordination of Early Warning and Response Mechanism and the Republic of Ghana in the office of ………………………………………………. and I will uphold, preserve and defend the National Centre for the Coordination of Early Warning and Response Mechanism as by law established (So help me God)”
(To be sworn before the Minister or such other person as the President may designate)
Question put and amendment agreed to.
The Schedule as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 9:42 p.m.
Item numbered (xxv).
Mr B. Acheampong 9:42 p.m.
Mr Speaker, I beg to move, long title, line 3, before “emerging'' insert “an''.
Mr First Deputy Speaker 9:42 p.m.
That is the amendment proposed for the long title but we deferred a clause, so let us complete that and come back to conclude with the long title. If I
recall correctly, I think it was clause 7. We were dealing with the “person'' versus the “office''. Has it been re- designated or recomposed - shall we adopt it in principle and leave the draftspersons to recompose it?
Mr Kyei-Mensah-Bonsu 9:42 p.m.
Mr Speaker, that is so because, as you said, it really relates to the chairperson and the Hon Minister assigned the responsibility for an emerging crisis. It is only these two people who could indeed resign. If we appreciate the principle, we could leave it to the draftspersons to do the clean-up for us.
Question put and amendment agreed to.
Clause 7 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 9:42 p.m.
The draftspersons are hereby directed to recompose clause 7 to reflect the concerns raised on the floor of the House.
Long Title - An Act to establish the National Centre for the Coordination of Early Warning and Response Mechanism to assist the ECOWAS Commission in the timely identification of emerging crisis in the West African sub-region and the implementation of an improved crisis response mechanism and to provide for related matters.
Mr B. Acheampong 9:42 p.m.
Mr Speaker, I beg to move, long title, line 3, before “emerging'' insert “an''.
Question put and amendment agreed to.
Long title as amended ordered to stand part of the Bill.
Mr First Deputy Speaker 9:42 p.m.
Hon Members, that brings us to the end of the Consideration Stage of the
National Centre for Coordination of Early Warning and Response Mechanism Bill, 2021.
Mr Agalga 9:42 p.m.
Mr Speaker, respectfully, have we dealt with “offences for disclosure'' on clause
21?
Mr First Deputy Speaker 9:42 p.m.
Hon Member, you were not paying attention. We have dealt with all of them.
Mr Agalga 9:42 p.m.
Mr Speaker, the Hon Member for Adaklu's argument should hold sway. [Laughter.]
Mr First Deputy Speaker 9:42 p.m.
That brings us to the end of the Consideration Stage of the Bill.
Leadership, what next?
Mr Kyei-Mensah-Bonsu 9:42 p.m.
Mr Speaker, respectively, with the understanding from my Hon Colleagues, we could deal with item numbered 2 on the Order Paper Addendum 2.
Mr First Deputy Speaker 9:42 p.m.
Very well.
Item numbered 2 on the Order Paper Addendum 2 -- Motion by the Hon Minister for National Security.
Mr Kyei-Mensah-Bonsu 9:42 p.m.
Mr Speaker, with your indulgence and the indulgence of my Hon Colleagues, I would want to stand in to move the Motion on behalf of the Hon Minister for National Security.
MOTIONS 9:42 p.m.
Mr Osei Kyei-Mensah-Bonsu on behalf of (the Minister for National Security) 9:42 p.m.
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 131(1) which requires that when a Bill has passed through the Consideration Stage, the third reading thereof shall not be taken until at least twenty-four hours have elapsed, the Motion for the third reading of the National Centre for the Coordination of Early Warning and Response Mechanism Bill, 2021, may be moved today.
Mr Alexander Afenyo-Markin 9:42 p.m.
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker 9:42 p.m.
Hon Members, item numbered 3 on the Order Paper Addendum 2.
BILLS -- THIRD READING 9:42 p.m.
Mr First Deputy Speaker 9:42 p.m.
The Hon Second Deputy Speaker would take the Chair.
  • [9.53 P.M. - MR SECOND
    • DEPUTY SPEAKER IN THE 9:52 p.m.
    Mr Second Deputy Speaker 9:52 p.m.
    Hon Members, please let us conduct ourselves. [Pause.]

    Hon Members, Leadership, can I hear you?
    Mr Annoh-Dompreh 9:52 p.m.
    Mr Speaker, we can now go on to the Order Paper Addendum 3 and take item numbered 3 on page 4.
    rose
    Mr Second Deputy Speaker 9:52 p.m.
    Yes, Leadership, can I hear you?
    Mr Annoh-Dompreh 9:52 p.m.
    Mr Speaker, we have some under- standing now. So, we would go on to the original Order Paper and take the item numbered 49 on page 31.
    Mr Second Deputy Speaker 9:52 p.m.
    Hon Members, page 31, item numbered 49 -- Motion.
    MOTION 9:52 p.m.
    Mr Alexander Afenyo-Markin 9:52 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 between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the Report of the Ad hoc Committee to Investigate the Procurement Contract Between the Government of the Republic of Ghana and His Highness Sheikh Ahmed Dalmook Al Maktoum and S.L. Global for the Supply of Sputnik-V COVID-19 Vaccines may be moved today.
    Mr Haruna Iddrisu 9:52 p.m.
    Mr Speaker, I beg to second the Motion
    Question put and Motion agreed to.
    Resolved accordingly.
    Report of the Ad Hoc Committee to Investigate the Procurement Contract
    Between GOG and His Highness Sheikh Ahmed Dalmook Al Maktoum and S.L.
    Global for the Supply of Sputnik-V COVID-19 Vaccines
    Mr Alexander Afenyo-Markin 9:52 p.m.
    Mr Speaker, I beg to move that this honourable House adopts the Report of the Ad Hoc Committee to Investigate the Procurement Contract between the Government of the Republic of Ghana and His Highness Sheikh Ahmed Dalmook Al Maktoum and S.L. Global for the Supply of Sputnik-V COVID-19 Vaccines.
    Mr Speaker, in so doing, I present your Committee's Report.
    Mr Speaker, let me precede the submission of this Report with a very profound prayer of St. Francis of Assisi when he said:
    “Lord, make me an instrument of your peace. Where there is

    hatred, let me so love; where there is injury, pardon. Where there is discord, union. Where there is doubt, faith. Where there is despair, hope. Where there is darkness, light and when there is sadness, joy.”
    Mr Speaker, St. Francis proceeds to say 9:52 p.m.
    “O, Divine Master, grant that I may not so much seek to be consoled as to console; to be understood, as to understand -
    Mr Second Deputy Speaker 9:52 p.m.
    Hon Deputy Majority Leader, hold on.
    Alhaji Mohammed Mubarak Muntaka 9:52 p.m.
    Mr Speaker, the Chairman of the Ad Hoc Committee is completely out of order. He is to present the Committee's Report and he is reading outside the Report. He must adhere to our rules and practice and it is for him to present your Committee's Report. The Committee Report as he himself said, he may want the Hansard to capture it as fully read and he may read some sections but what he was reading is nothing within the Report.
    Mr Speaker, so we hope that you would draw his attention to present the Report of the Committee.
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker, St. Francis of Assisi proceeds to say the following in very veritable words.

    “O Divine Master, grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love for it is in giving that we receive, it is in pardoning that we are pardoned and it is in dying that we are born to eternal life.

    Amen.

    Mr Speaker, it is on the premise of these veritable words of that venerable man who served his God that I proceed to submit my Report.

    1.0 Introduction

    1.1 On Thursday, 8th July, 2021, the House established the Ad Hoc Committee pursuant to Order 191 of the Standing Orders to investigate the Procurement Contract between the Government of the Republic of Ghana and Sheikh Dalmook Al Maktoum and S. L. Global Limited for the

    supply of Sputnik-V Covid-19 Vaccines.

    1.2 The House constituted the Ad Hoc Committee following the adoption of a Private Members' Motion moved by the Hon. Minority Leader, Mr. Haruna Iddrisu, and seconded by the Hon. Member for Juaboso, Mr. Kwabena Mintah Akandoh.

    2.0 Composition of the Committee

    The Ad Hoc Committee comprised the following Hon. Members:

    (i) Mr. Alexander Kwamena Afenyo-Markin-- Chairperson;

    (ii) Mr. Kwabena Mintah Akandoh --Vice-Chair;

    (iii) Mr. Bernard Ahiafor -- Member;

    (iv) Mr. Kwame Anyimadu- Antwi -- Member;

    (v) Dr. Nana Ayew Afriye -- Member;

    (vi) Mr. Ernest Henry Norgbey -- Member;

    (vii) Mrs. Elizabeth Ofosu-Adjare -- Member;

    (viii) Mr. Umar Farouk Aliu Mahama --Member;

    (ix) Ms. Sheila Bartels -- Member.

    3.0 Terms of Reference for the Committee

    3.1 The Terms of Reference (TOR) for the Committee were as follows:

    i. To determine whether the transaction with respect to the procurement and supply of Sputnik-V COVID-19 Vaccines between the Government of the Republic of Ghana (represented by the Ministry of Health) and the Private Office of H.H. Sheikh Ahmed Dalmook Al Maktoum and S. L. Global qualifies as an International Business or Economic Transaction under article 181(5) of the Constitution, and if so, whether it was subjected to prior approval by Parliament?

    ii. To determine whether the procurement process was followed and the propriety of same;

    iii. To determine whether the services of a middle man was
    Mr Afenyo-Markin 10:02 p.m.


    procured in the transaction and if so, the propriety of same having regard to the relevant laws;

    iv. To ascertain the cost of the vaccines, the justification of the cost of the vaccine and whether the transaction guaranteed value for money for Ghana;

    v. To determine whether any consideration has passed from the Government of the Republic of Ghana to the middle man, the suppliers or any other person in respect of the transaction;

    vi. To determine whether the Hon. Minister for Health misled Parliament during the consideration of the transaction for the procurement of the vaccine; and

    vii.To inquire into any other matter connected with the intended purchase and supply of the SPUTNIK-V Vaccine in the Agreement between the Government of the Republic of Ghana and the Private Office of H.H. Sheikh Ahmed Dalmook Al Maktoum and S. L. Global.

    4.0 Methodology Adopted for the Investigation

    4.1 The Committee first obtained written response of the Hon. Minister for Health and copies of specified documents.

    4.2 The Committee subsequently held four public hearings to take oral evidence of the Hon. Minister for Health and Officials of the Ministry of Health.

    4.3 After reviewing the evidence on record, the Committee sent a written request to the Ministry of Finance to obtain information regarding payment of money under the two Procurement Agreements.

    5.0 Reference Documents

    The Committee referred to the following documents during its deliberations:

    i. The 1992 Constitution of the Republic of Ghana;

    ii. The Standing Orders of Parliament;

    iii. Imposition of Restrictions Act of 2020 (Act 1012);

    iv. The Public Procurement Act of 2003 (Act 663) as amended by Act 914;

    v. The Imposition of Restric- tions on Coronavirus Disease (COVID-19) Pandemic (No. 1) Instrument, 2020 (E. I. 64); and

    vi.The Imposition of Restrictions on Coronavirus Disease (COVID-19) Pandemic (No. 2) Instrument, 2020 (E.

    I. 65).

    vii.The Vaccine Supply Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health dated 9th March,

    2021;

    viii. The Minutes on Negotiations between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health; and

    ix. Partnership Agreement between S. L. Global Limited and the Ministry of Health dated 16th March, 2021;

    x. Letter to the Public Procurement Authority (PPA) requesting the Ratification of the Vaccine Supply Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al

    Maktoum and the Ministry of Health dated 15th April,

    2021;

    xi. Response from the Public Procurement Authority (PPA) on the Ministry's request for Ratification of the Vaccine Supply Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health dated 30th April, 2021;

    xii.Advice of the Minister for Justice & Attorney-General in respect of the Letter to the Procurement Authority (PPA) requesting the Ratification of the Vaccine Supply Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health dated 12th April,

    2021;

    xiii. Letter of Termination of the Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health dated 14th July, 2021;

    xiv. Letter to the Russian Minister for Trade dated 23rd March, 2021; and
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    xv.Letter from the Minister of Health to the Russian Minister for Foreign Affairs dated 28th April, 2021.

    6.0 Background Information

    6.1 COVID-19 was first identified in Wuhan Province, China, in December 2019, and later spread to other parts of the world. The World Health Organisation (WHO) declared it a global pandemic on 11th March,

    2020.

    6.2 Ghana recorded its first two cases of COVID-19 on 13th March, 2020. The cases were found after laboratory testing of the two individuals who returned to Ghana from Norway and Turkey. Ghanaians and other residents were then educated and encouraged by the Ministry of Health and its agencies, particularly the Ghana Health Service and the Food and Drugs Authority (FDA), to take certain precautionary and safety measures to avoid the spread of the Virus. The education to help contain the Virus was done on various platforms such as the media. Measures included social distancing, regular washing of hands thoroughly with soap under running water and the use of alcohol-based hand sanitizers as often as possible.

    6.3 Education on the precautions required continued, but significantly more cases of the disease were recorded with some leading to deaths. The country went into a partial lockdown of Accra and Kumasi to avoid community spread of the Virus, and further closed the country's borders. Following the enactment of the Imposition of Restrictions Act, of 2020 (Act 1012), the President issued the Imposition of Restrictions on Coronavirus Disease (COVID- 19) Pandemic (No. 1) Instrument, 2020 (E. I. 64) and later the Imposition of Restrictions Coronavirus Disease (COVID-19) Pandemic (No.2) Instrument, 2020 (E. I. 65) to help combat the spread of the Virus.

    6.4 Following the development of COVID-19 vaccines, a number of bilateral platforms were created. Ghana signed onto the COVAX Initiative. Ghana was selected as one of the first recipients of the doses, due to its rapid efficient and coordinated response to the Pandemic. Accordingly, the country received its first consignment of 600,000 doses of AstraZeneca COVID-19 Vaccine, developed by the Serum Institute of India (SII), through the COVAX facility with logistical support from UNICEF. The Vaccine was accessed and endorsed formally by the Initiative and the Food and Drugs Authority (FDA) in Ghana before usage.

    6.5 Some members of the public were selected for the first vaccination. Immediately after this exercise, it became imperative to obtain more COVID-19 vaccines to vaccinate the majority of Ghanaians, to achieve herd immunity and to avert vaccine hesitancy. At the same time, the bilateral sources had indicated that their scheduled deliveries had been postponed to August, 2021. This development prompted the Ministry of Health to start looking for vaccines from private sources, including an intended procurement contract between the Government of the Republic of Ghana and Sheikh Dalmook Al Maktoum and SL Global, for the supply of Sputnik-V Covid-19 Vaccines.

    6.6 The attention of some Hon. Members of Parliament was drawn that the Ministry of Health had entered into a procurement contract for the COVID-19 vaccines. Accordingly, the Hon. Minority Leader, Mr. Haruna Iddrisu, moved a Private Members' Motion and same was seconded by the Hon. Member for Juaboso, Mr. Kwabena Mintah Akandoh, on Thursday, 8th July, 2021. The Motion was adopted by the House leading to the establishment of an Ad Hoc Committee to investigate the Procurement Contract between the Government of the Republic of Ghana

    and Sheikh Dalmook Al Maktoum and S.L. Global, for the supply of Sputnik-V Covid-19 Vaccines.

    6.7 The intended Procurement Agreement comprises the following two separate Agreements:

    i. The Vaccine Supply Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health dated 9th March, 2021; and

    ii. Partnership Agreement between S. L. Global Limited and the Ministry of Health dated 16th March, 2021, as revised by the Amendment to the Partnership Agreement.

    7.0 Background of the Entities involved in the Procurement Agreements under Investigation

    7.1 The Private Office of His Highness Sheikh Dalmook Al Maktoum

    7.1.1 The Private Office of His Highness Sheikh Dalmook Al Maktoum has a portfolio of privately held group of companies that focus mainly on infrastructural development, energy projects, LNG terminal development, commodity and oil trading, water desalination, water
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    recirculation as well as Education and Agricultural Projects. The Office address is 27th Floor Burj Al Salaam Tower, Sheikh Zayed Road, Dubai, United Arab Emirates.

    7.1.2 The manufacturers appointed RDIF as their exclusive sellers, and RDIF subsequently appointed Auruguff Health Investment, which in turn appointed the Private Office of the Sheikh as its Agent in Ghana.

    7.2 S. L. Global Limited

    7.2.1 S.L. Global Limited is a Ghanaian private entity organised and registered under the laws of Ghana with License Number CS102212012 and has its registered office at House Number 3RS25, Devtraco Estates, Tema, P.O. Box KA 18193, Accra, Ghana. The Company was established in 2016 and it is a partnership between a leading global healthcare investment group and some accomplished and passionate Ghanaian entrepreneurs. It is vested with the provision of funding for and delivery of healthcare projects and infrastructure in Ghana.

    7.2.2 The Company has secured rights for the distribution of the world's first COVID-19 vaccine, the Sputnik-V. The Company is also responsible for the Sputnik-V Vaccine

    rollout in Ghana and has concluded all necessary agreements with local and international stakeholders in order to spearhead such efforts.

    7.2.3 Per its website, slglobalafrica.com, S.L. Global has partnered with international financiers to begin a rollout of diagnostic, primary, secondary and tertiary healthcare across Ghana. Coupled with innovative social and healthcare insurance programmes, the Company had the intent to raise the quality of healthcare available to all Ghanaians.

    7.2.4 The manufacturers appointed RDIF as their exclusive sellers, and RDIF subsequently appointed Auruguff Health Investment, which in turn appointed the S. L. Global Limited as its Agent in Ghana.

    8.0 Summary of Evidence Given by the Hon. Minister for Health, Mr. Kwaku Agyeman-Manu

    The following is a summary of the oral and written evidence given by the Hon. Minister and same is set out based on the Committee's Terms of Reference.

    8.1 Whether the transaction in respect of the Procurement and Supply of the Sputnik-V Covid-19 Vaccines between the Government of the

    Republic of Ghana (represented by the Ministry of Health) and the Private Office of His Highness Sheikh Ahmed Dalmook Al Maktoum qualifies as an International Business or Economic Transaction under article 181(5) of the 1992 Constitution.

    The Minister agreed with the suggestion that the Vaccine Supply Agreement between the Private Office of H. H. Sheikh Ahmed Dalmook Al Maktoum and the Ministry of Health qualified as an international business or economic transaction under article 181(5) of the 1992 Constitution. He also referred to the advice of the Minister for Justice and Attorney-General which affirmed that position. He, however, stated that the Ministry did not seek prior Parliamentary approval of the Agreement as required by article 181(5) of the 1992 Constitution. He explained that he was compelled to sign the two Agreements in March, 2021 when the country was experiencing the second wave of COVID-19 and recording its highest fatalities since the outbreak of the pandemic. He also explained that the situation was further exacerbated by the fact that all the bilateral sources that the country relied upon had indicated a postponement of deliveries to August, 2021. This,

    according to the Hon. Minister, put him under extreme frustration and desperation to find vaccines to ameliorate the situation and protect the lives of the people of Ghana. This caused him to rely on the emergency provisions under E.I. 64, to enter into the Agreement with Al Maktoum who had demonstrated capacity to deliver the Sputnik-V vaccines with the intention of seeking subsequent Parliamentary approval.

    8.2 Whether the procurement process was followed and the propriety of same

    8.2.1 The Hon. Minister informed the Committee that the Ministry of Health did not seek prior approval from the Public Procurement Authority as required by the Public Procurement Act of 2003 (Act 663) as amended. He reiterated that he acted in good faith during the Pandemic at the time, to save the lives of Ghanaians with the intention of seeking ratification from the Authority under Act 663. The Committee noted further in a letter dated 15th April, 2021, that in line with this the Hon. Minister applied for ratification of the two Agreements from PPA.

    8.2.2 The Public Procurement Authority, in a letter of 30th April, 2021, responded that the Technical Committee of the Board of PPA had
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    reviewed the request from the Hon. Minister for Health and its decision was to conduct an investigation in accordance with Section 89(1) of the Public Procurement Act of 2003 (Act 663) as amended. The letter from PPA went further on to say that the investigation to be conducted was to ascertain the circumstances that gave cause for the Ministry of Health to undertake the said assignment without prior approval from the Board of PPA as required by Sections 40 and 41 of Act 663 on a single source procurement. The response from PPA was also included in the exhibits.

    8.2.3 The Minister again explained that the Ministry's original vaccine strategy was to source for the vaccines through bilateral sources by registering with COVAX and the African Medicine Supplies Platform (AMSP) for huge volumes to vaccinate about 20 million Ghanaians to secure herd immunity. The Minister said Ghana had a deliberate schedule from COVAX and AMSP for the supply of AstraZeneca Vaccines but unfortunately, not long after the first delivery of 600,000 doses from COVAX, it was announced that India had stopped the export of all vaccines. COVAX took its supplies from the Serum Institute in India, and for that matter, could not get vaccines from the Country because India's borders

    were closed. He said efforts made by the Ministry to get all vaccines from Bilateral and Multi-Lateral Institutions and Organisations proved futile, so the Ministry resorted to other options. The African Medicines Supply Platform (AMSP), which was one of the options, had the same problem like COVAX because its supplies also came from India. He lamented that even after India had lifted its ban on vaccine exportation, COVAX and AMSP had indicated that they could only supply us with vaccines somewhere in August, 2021. The Ministry thought it could not wait for that long in view of the situation and therefore decided to make arrangements to procure some of the vaccines to urgently combat the Virus while waiting for supplies from the two bigger Windows.

    8.2.4 The Hon. Minister further informed the Committee that the Ministry of Health entered into another agreement to procure COVID-19 vaccines from S. L. Global Limited, a Ghanaian company. The Minister added that similar to the Agreement with the Sheikh, the transaction in respect of the Procurement and Supply of the Sputnik-V Covid-19 Vaccines between the Government of the Republic of Ghana (represented by the Ministry of Health) and S. L. Global, was negotiated without ratification by PPA. He also said that the contract still subsisted but because

    of the scarcity, S. L. Global Limited had also given the Ministry the indication that they would not be able to supply the vaccines. He provided evidence of the letter the Ministry of Health wrote to the Ministry of Finance, requesting Letters of Credit for S. L. Global Limited. It was dated 16th March, 2021.

    8.2.5 On the issue of whether the Ministry had proof of market authorisation from the manufacturer to Sheikh Al Maktoum in respect of the distribution or supply of the vaccines, the Hon. Minister answered in the affirmative and informed the Committee that upon the representation of Sheikh Al Maktoum, the presumption was that they had the capacity to deliver the vaccines.

    He said he relied on the representation by the Distributors (the Sheikh's Outfit) that they were the agents of the manufacturer and had its authorisation to supply the products to some markets, including West Africa and the Middle East. He subsequently provided a document to prove same and it was dated 25th February, 2021. However, upon perusal of the document, it was found that the manufacturers appointed RDIF as their exclusive sellers, and RDIF subsequently appointed

    Auruguff Health Investment, which in turn appointed the Private Office of the Sheikh as its Agent in Ghana.

    8.2.6 On whether the Ministry obtained Executive approval before signing the Al Maktoum Procurement Agreement, the Hon. Minister responded in the negative. He, however, explained that he took the ministerial decision after the Emergency Operating Centre under the Ministry had deliberated on the matter and the Ministry's Entity Tender Committee had been informed about it.

    He reiterated that the decision to sign the Al Maktoum Procurement Agreement was taken at a time when bilateral sources had communicated to the Ministry, about their inability to supply the vaccines. He further reiterated that he relied on the emergency provisions contained in the Imposition of Restrictions on the Coronavirus Disease (COVID-19) Pandemic (No.1) Instrument, 2020 (E.I. 64) and the Imposition of Restrictions on Coronavirus Disease (COVID-19) Pandemic (No.2) Instrument, 2020 (E.I. 65), to enter into the Al Maktoum and S.L. Global Limited Agreements. He said he had the intention to apply to the Public Procurement Authority for ratification, which he did, and in his opinion was permitted under Section 90 of the Public Procurement Act, 2003 (Act
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    663) as amended. He disagreed with a suggestion that he contravened Section 41 of Act 663.

    8.2.7 He told the Committee that he did not publish a public notification when he decided to undertake the sole sourcing. He said further that he did not include the issue of vaccines in the procurement plan of the Ministry of Health submitted to the Public Procurement Authority in November, 2020, because at that time it was not expected that the COVID-19 vaccine would have to be procured in 2021 from private sources. He gave the reason that the Country relied on its arrangements with COVAX and AMSP. He was of the conviction that even if the vaccine would become of critical need in 2021, it could be produced and easily made available in February, 2021, by COVAX and

    AMSP.

    8.2.8 The Hon. Minister disagreed with a suggestion that an entity could only engage in sole sourcing only after prior approval by the Board of the Public Procurement Authority. According to him, the law permitted entities to undertake sole sourcing under certain emergency situations and later apply to the Authority for ratification.

    8.2.9 The Hon. Minister disagreed with a suggestion that he erred in signing the Al Maktoum Agreement

    on sole sourcing, without seeking prior approval from the Public Procurement Authority.

    He reiterated that he signed the Procurement Agreement during a public health crisis situation when Ghanaians were dying and with the disappointment in sources that were already in existence, there was the urgent need to take a quick decision or action to save lives.

    He said it was the urgency of the situation that compelled him to indulge the Outfit of the Sheikh for the negotiations before applying to PPA for ratification. He reminded the Committee of his assertion that he took the action with the intention of applying for ratification from the PPA, which he did in a letter of 15th April,

    2021.

    8.2.10 On the question of what necessitated the decision to undertake sole sourcing, the Hon. Minister told the Committee that he relied on the emergency situation at the material time when the Country had its highest COVID-19 fatalities and all bilateral sources to get vaccines had failed.

    8.2.11 The Minister further told the Committee that he did not also seek Cabinet approval before entering into the Al Maktoum Procurement Agreement and that it was a ministerial decision that was taken after meetings with the COVID-19 Emergency

    Committee. The Minister maintained that the Ministry of Health approached Messrs Al Maktoum in the first instance and disclosed that he personally called the Outfit of the Sheikh in Dubai and invited them to come to Ghana for negotiations, which they did.

    8.3 Whether the services of a middle man were procured in the transaction and if so, the propriety of same having regard to relevant laws

    8.3.1 The Hon. Minister denied that the Ministry dealt with a middleman. He said the Ministry dealt with Messrs Al Maktoum as distributors of the manufacturer's product, the Vaccine and that the term “middleman” was not found on the website of Messrs Al Maktoum.

    The Minister explained that the Ministry could not have direct access to the manufacturers to procure the Sputnik-V vaccines to deal with the surging cases of the COVID-19. He said that the Ministry got the information that the manufacturer's products (the Sputnik-V Vaccines), were all being offloaded to the Russian Direct Investment Fund (RDIF) to sell on behalf of the manufacturer in Russia. He said that due to scarcity of the vaccines, a number of people approached him to demonstrate their

    capacity to link the Ministry to the right sources to buy the vaccines but all that proved futile except the Outfit of Sheik Al Maktoum.

    According to the Minister, the Outfit of the Sheik Al Maktoum approached the Ministry at the material time of the peak of the Pandemic and adequately demonstrated that they had the vaccines in stock and had the capacity to deliver them. He said the Outfit of the Sheikh demonstrated the capacity to deliver the vaccines at the material time when the Ministry was frustrated and desperate to access for the vaccines to combat the surging COVID-19 infections.

    The Ministry did not have any contact with the manufacturers of the Sputnik- V COVID-19 Vaccines in Russia prior to the execution of the contract. He intimated that he proceeded to deal with entities that demonstrated the availability and capacity to deliver the vaccines with acceptable efficacy and safety standards. He informed the Committee that per the negotiations made, Sheikh Al Maktoum had the necessary capacity to do the distribution or supply the vaccines.

    8.3.2 The Minister also informed the Committee that even after the conclusion of the contract with Messrs Al Maktoum, the Ministry continued to find other ways of securing direct access to the manufacturers in Russia. He disclosed that he wrote a letter to
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    the Minister for Trade of Russia to try to link the Ministry of Health to RDIF so we could do direct bilateral procurement from the manufacturer. He further informed the Committee that he later made a request to the Russian Minister for Foreign Affairs through the Ministry of Foreign Affairs and Regional Integration of Ghana to assist but he had no response from all the two Ministries of Russia that he wrote to.

    8.3.3 The Hon. Minister stated that the Ministry's original vaccine procurement policy was to acquire vaccines on a bilateral basis through the COVAX window, and the African Medicine Supplies Platform (AMSP) created by the African Union (AU) but added, however, that the two platforms could not have the vaccines to supply to Ghana.

    He recounted that COVAX had procured in advance and even allocated certain doses to Ghana but after the first 600,000 doses they brought, the allocations for March, April, and May which would have culminated into over US$2 Million, could not be delivered. He reiterated that the non-delivery was because the COVAX Initiative, which could only source AstraZeneca vaccines from the Serum Institute of India to supply to African countries that have signed

    on to its Platform, could not get supplies when India got their upsurge and were dying in large numbers. By policy, India closed its borders against the export of vaccines. The Minister said therefore that COVAX could not receive any dose of the vaccine again from India. He indicated that AMSP had the same problem as they could not get supplies from the Serum Institute of India and was therefore thinking of varying the vaccines they would bring to Ghana.

    According to the Hon. Minister, eventually during the Ministry's engagement with AMSP, the Ministry was made to register for US$12 million doses but nothing was supplied. The African Medicines Supply Platform came back to the Ministry that it could no longer give us AstraZeneca, but could only provide us with Johnson and Johnson Vaccine which had not been approved at that time by the Food and Drugs Authority of Ghana.

    He said even though samples had not been brought at the time to be tested by the Food and Drugs Authority, the Ministry was willing to agree to the supply so that the test would be conducted in due course but AMSP gave the Ministry the indication of their first delivery date in August 2021.

    8.4 Ascertainment of the cost of the Vaccine, justification of the cost of the Vaccine and whether the transaction would guarantee value for money for Ghana

    8.4.1 The Hon. Minister told the Committee that he got information about the ex-factory price of US$10.00 per dose of the Sputnik- V COVID-19 Vaccine after the execution of the contract.

    The Minister stated that the price of US$19.00 achieved under the contract included accessories and freight charges. He also stated that the price of US$19.00 was accepted because, at that material time, the country to country or government to government dealings in respect of COVID-19 vaccines were extremely difficult for the Ministry to indulge in. The Ministry of Health had another difficulty, which was getting direct access to the manufacturer of the vaccines, and therefore had no other option at the time.

    8.4.2 He disclosed that at the beginning of the negotiations, Messrs Al Maktoum was mentioning prices of about US$28 and US$38 per dose. The Hon. Minister submitted the Minutes of the negotiations which culminated in the Procurement Contract with Messrs Al Maktoum and attached same as Exhibit from

    MOH 4A to his written response to the Committee.

    8.4.3 The Minutes of the negotiations between the Ministry of Health and Al Maktoum were submitted by the Hon. Minister for Health and marked as Exhibit of MOH 4A. He recounted that the parties negotiated the price till they finally settled on US$19.

    He represented that the Ministry was not even comfortable with the US$19 price and got the negotiation to be suspended at its instance. He also represented that when the parties resumed the negotiations, the suppliers threatened to pull out of the negotiations and return to their country. He said his hands were tied at that material time because the country had been caught up in the second wave of COVID-19 with rising fatalities.

    The Hon. Minister reiterated that the Country had received some doses of vaccines from the COVAX Initiative. He said Ghana was fortunate to be the first Country to have had vaccine supply from the COVAX Initiative. He also said that the Ministry had earlier been assured of a deliberate schedule from COVAX for the supply of AstraZeneca Vaccine but he reminded the Committee that after the first delivery, it was immediately
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    announced that India had stopped exports of all vaccines because its borders had been shut. According to the Hon Minister, the scarcity heightened the Ministry's search for vaccines to protect Ghanaians at the time when more COVID-related deaths were being recorded than previously.

    8.4.4 The Hon. Minister informed the Committee that the Ministry decided to take all our vaccines from bilateral and multilateral institutions and organisations but they were all challenged as both COVAX and the African Medicine Supplies Platform announced that they could not supply from India. He also stated that the AMSP had informed the Platform that it would start delivery of vaccines to Ghana only from August, 2021.

    The Hon Minister said that he decided to explore diplomatic channels in order to access the vaccines at the ex-factory price which was more favourable and cited the letters he wrote to the Russian Minister for Trade and the Russian Minister for Foreign Affairs on 23rd March, 2021 and 28th April, 2021 respectively, requesting assistance to procure the vaccines on a bilateral basis from Russia for which he had not received any response, at the time he was giving the evidence. The two letters were

    tendered in evidence. The Hon. Minister made the attempts after signing the agreement with Messrs Al Maktoum.

    8.5 Whether any consideration had passed from the Government of the Republic of Ghana to a middle man, the suppliers or any other person in respect of the transaction

    8.5.1 The Hon. Minister said that to the best of his knowledge, the Ministry had not made any payment to the Suppliers under the Agreement. He said that the Letters of Credit issued by the Ministry were done on sight and that the Supplier could not have drawn on them until the Ministry had informed the Bank that it had received the Vaccines.

    8.5.2 On payment for the initial delivery of 20,000 doses of the Sputnik-V Vaccine already provided by the Suppliers, the Minister indicated that the Ministry would engage with the Suppliers on the matter, in view of the fact that they had actually terminated the Procurement Agreement. He said the amount of money owed by the Country for the vaccines already supplied and used, would have to be paid after negotiations with the Suppliers. The Hon. Minister, however, admitted that bank charges had been paid already.

    8.6 Whether the Hon. Minister for Health misled Parliament during the consideration of the transaction for the procurement of the Vaccine

    The Minister recollected that issues relating to the procurement of vaccines came up during the consideration of the Budget Estimates of the Ministry of Health by the Health Committee, held on the 22nd and 23rd of March,

    2021.

    He admitted informing the Health Committee during the Budget Hearing that, no vaccine would be purchased at more than US$10.00 per dose but added that his assertion at the time was based on government to government dealings and not private. He also admitted he was aware of the ex- factory price of US$10.00. He said, however, that nothing prompted him to inform the Committee about the negotiations and the fact that the price was going to be pegged at US$19.00 when other cost elements like the syringes were added.

    9.0 Other Matters Connected with the Intended Purchase and Supply of the Vaccines

    9.1 Quantity of vaccines contracted and supplied

    9.1.1 The Minister told the Committee that, in view of the vaccine scarcity in the world at the time of the

    entry into the Procurement Agreement with Messrs Al Maktoum, he was guided by four principles in all his engagements in relation to the procurement of the vaccines. He said his principles were: availability and capacity to deliver the vaccine, pricing, safety and efficacy.

    According to the Hon. Minister, when he got in touch with the private office of Sheikh Al Maktoum and they declared that they could supply Ghana with vaccines and that they were ready to come down to sit with officials of the Ministry and negotiate, he insisted they show proof of availability because he did not trust they had the capacity to deliver.

    He said to demonstrate that they had the vaccines, the Outfit of the Sheikh brought in 15,000. He also said the Outfit was initially bringing 20,000 to actually demonstrate that they had the vaccines to supply so that he could be motivated to engage them. He explained that the initial vaccines brought were like samples for demonstration to actually prove that they had the vaccines in their warehouse or in their stocks.

    The Hon. Minister said the outfit during the negotiations indicated they were selling the vaccines for US$19.00 per dose which the Ministry of Health thought was too high and as such decided not to lock itself up under the agreement with the
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    private office of Al Maktoum and signed for 3.4 million doses. He added that the Ministry proceeded to explore other possibilities that would yield cheaper price.

    9.1.2 The Hon. Minister reiterated that the outfit of the Sheikh brought with them 15,000 doses of Sputnik- V Vaccines on the day the negotiations began to demonstrate availability and capacity to deliver the vaccines, if contracted to do so. He explained that the Sputnik-V vaccine is developed such that you have a different vaccine for the first dose and a slightly varied one for the second dose. He said that out of the 15,000 doses brought initially, 10,000 were for the first dose and 5,000 were for the second dose. He informed the Committee that when it was becoming imminent that the outfit could not supply the vaccines, the Ministry insisted that they would not allow the Dealer to take the vaccines back but rather, 5,000 doses be brought to compliment the second dose for us to get 10,000 for the first dose and another 10,000 for the second dose. He said the request by the Ministry was accepted and the outfit brought the complement of 5,000 doses, bringing the total to 20,000 out of the 3.4 million doses signed for in the procurement Agreement and making it a first dose of 10,000 and a second dose of

    10,000 to enable us utilise the vaccines.

    9.1.3 The Minister told the Committee that the Ministry considered that the price of US$19.00 obtained under the Al Maktoum Agreement was too high and therefore did not want to lock the Country up with significant quantities or doses of the vaccines under the Agreement. He stated that since the Ministry wanted to have the 3.4 million doses signed for at the time, it started looking out for possibilities of getting to the source to see if it could get it at a cheaper price.

    9.2 Termination of the Al Maktoum Agreement

    9.2.1 The Hon. Minister told the Committee that the outfit of the Sheikh defaulted in meeting the deadlines for the delivery of the vaccines having regard to the terms of the Agreement. He said that the outfit insisted they had the capacity to deliver within the agreed period of two weeks but could not perform as agreed and later said they would deliver the vaccines in July, 2021. He also said since we were still looking for vaccines, he found it very awkward to actually start invoking termination clauses in the Agreement. He further disclosed that the Ministry delayed in issuing the Letters of Credit

    (LCs) and therefore he found it very difficult to invoke breach of supply timelines. He explained that the contract was to be operationalised by orders and because the Ministry's LCs actually delayed, it could not push the outfit to comply with the delivery dates as contained in the Agreement.

    9.2.2 The Minister disclosed in his written response to the Committee that the Al Maktoum Agreement had been terminated by a letter dated 14th July, 2021. He also said that, under the Agreement, the Suppliers were committed to supplying the first 300,000 vaccines in two weeks, based on the country's ability to give them Letters of Credit as part of the terms of the Agreement. He said however that, the Ministry's Letters of Credit delayed.

    He said later, the Suppliers informed the Ministry that they had ran out of stock but Russia was going to supply them with more stocks to enable them deliver the vaccines within two weeks from that date agreed on. According to the Minister, the Supplier, after non-delivery within the said two weeks, later indicated to supply in July, 2021.

    Since the July, 2021 supply notification by the Supplier was close

    to August, 2021 where the Ministry's bilateral/multilateral suppliers was going to be delivered, the Ministry then requested the office of Sheikh Al Maktoum to amicably withdraw from the Agreement. The Sheikh's office then wrote a termination letter to the Ministry.

    9.3.1 Whether the Ministry sought advice from the Attorney- General in respect of the S.L. Global Agreement?

    On whether the Ministry of Health sought advice from the Attorney- General before signing the S.L. Global Agreement, the Officials of the Ministry answered in the negative. They explained that, at the time the Ministry signed the S.L. Global Agreement on 16th March, 2021, they were awaiting the advice of the Attorney-General in respect of the Al Maktoum Agreement.

    They said that upon receipt of the Attorney-General's advice in respect of the Al Maktoum Agreement, they studied the advice and realised that the issues raised by the Attorney- General were similar to those contained in S.L. Global Agreement. Based on that realisation, they took the decision to be guided by the Attorney-General's advice in respect of the Al Maktoum Agreement, hence, the decision not to seek advice on the S.L. Global Agreement.
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    9.4 Type of vaccine contracted under the S.L. Global Agreement

    The Minister reiterated that the Ministry agreed to procure the Sputnik-light Vaccine (single dose) for US$26 per dose under its original Agreement with S.L. Global dated 16th March, 2021 but the parties later revised the product to Sputnik-V Vaccine at US$18.50 per dose under the Amendment to the Agreement dated 14th April, 2021.

    9.5 Correspondence from the Ministry of Finance and the Bank of Ghana

    9.5.1 The Committee wrote to the Ministry of Finance and requested for the following information:

    i. Whether any money has been paid in respect of the above two Agreements and if yes, the amount paid; and

    ii. The payment instruments used, if any.

    Regarding the Vaccine Supply Agreement between the Government of the Republic of Ghana and His Highness Sheikh Dalmook Al Maktoum for the supply of Sputnik- V COVID-19 Vaccines, the Ministry of Finance in response to the

    Committee's request in a letter of 26th July, 2021 indicated as follows:

    i. The Ministry of Finance received a request from the Ministry of Health in respect of the purchase of Sputnik- V, COVID-19 vaccines from the Office of H. H Sheikh Ahmed Dalmook AI Maktoum for the supply of 300,000 thousand doses at the total cost of US$5,700,000.00. The request from the Ministry of Health was dated 10 th March, 2021 and received at the Ministry of Finance on 11th March, 2021.

    ii. Under clause 4.2 of the Contract Agreement, 50% of the payment was to be made through the establishment of sight Letter of Credit (LC) and the remaining 50 per cent through confirmed letter of credit.

    9.5.2 According to the Bank of Ghana in its letter of 31st March, 2021, out of the total amount of US$5,700,000.00 owed to Sheikh Al Maktoum, an amount of US$2,850,000.00 representing 50 per cent has been paid to him and that translates into a Cedi equivalent of

    GH¢16,331,640.00 converted at the exchange rate of US$1 to GH¢5.73.

    In the case of the Partnership Agreement between S. L. Global and the Government of Ghana (represented by the Ministry of Health) for the supply of Sputnik-V COVID19 Vaccines, the Ministry of Finance in the same letter, informed the Committee of the following:

    i. The Ministry of Finance received a request for the establishment of Letters of Credit for the supply of 5,000,000 Sputnik-V COVID-l9 vaccines at a total cost US$92,500,000.00. The Letters of Credit to be established was to cover 15 per cent of the cost. Under the original transaction, it was to be pre-financed by S.L. Global and payment was to be done within a period of three (3) years.

    ii. The Ministry of Finance was in the process of requesting for the term sheet and Public Procurement Authority approval when it had notification that the contract had been revised/reviewed. The Ministry of Finance received an amended

    Contract without the relevant approval documents and therefore no further action had been taken.

    9.6 Future plans to procure COVID-19 Vaccines

    The Minister informed the Committee that the delivery schedules that had been promised through the government to government arrangement was very close, as we may begin to receive doses from COVAX around mid-July and by the end of July or early August, 2021. He also told the Committee that the African Medicine Supplies Platform had changed our request from AstraZeneca to Johnson and Johnson Vaccines which was yet to be approved by our Food and Drugs Authority (FDA).

    As already mentioned, the Minister said the strategy of the Ministry was that, though we were looking for close to about 43 million doses, we only signed for 3.4 million when we got the opportunity to buy Sputnik-V because more supplies were being expected. He reiterated that there was no need to lock ourselves up into large volumes of vaccines. He also stated that the Ministry had plans that would bring in vaccines to Ghana as soon as possible. He, however, added that, in view of the scarcity of vaccines across the globe, there had been pressure
    Mr Afenyo-Markin 10:02 p.m.


    from G8, WHO and the United Nations to compel richer countries that have procured vaccines in abundance and were not using, to share their doses with poorer ones. He was therefore of the conviction that, from the generosity of the richer countries, Ghana may be receiving deliveries even before the end of July,

    2021.

    10 Findings of the Committee

    10.1 Non-Compliance of Article 181(5) of the 1992 Constitution

    10.1.1 The Committee found that the Procurement and Supply of the Sputnik-V Covid-19 Vaccines between the Government of the Republic of Ghana (represented by the Ministry of Health) and the Private office of His Highness Sheikh Ahmed Dalmook Al Maktoum, is an international Agreement.

    The Committee therefore took the considered view that the Agreement qualifies as an International Business or Economic Transaction and the legal implication is that, the Agreement required a prior Parliamentary approval to come into operation in accordance with article 181(5) of the 1992 Constitution. The view of the Committee aligns with the advice of the Hon. Minister for Justice and

    Attorney-General and the ratio in the case of the Attorney-General v. Balkan Energy Ghana Limited & Others

    GHASC 35.

    10.1.2 Consistently before the Committee, the Minister claimed to have taken the actions to sign the Al Maktoum Agreement in March, 2021 because of the exigencies of the time to save the country from Public Health crisis. The justification implicit in the claim, the Committee has not as yet been able to establish.

    10.1.3 The Committee found that S. L. Global was a Ghanaian Incorporated Company, hence the Ministry's Agreement with the Firm did not qualify as an International Business or Economic Transaction where Parliamentary approval would be required.

    10.2 Procurement process

    10.2.1 The Committee found that the Ministry of Health did not seek approval from the Board of PPA under Sections 40 and 41 of Act 663 before signing the Agreements. The Ministry however, applied for ratification under Section 90(3) (c) of the Act, which ratification is yet to be granted.

    10.2.2 The Committee also found that PPA has not concluded its investigations into the matter.

    10.3 Dealings with Distributors

    The Committee found that the Ministry dealt with the Private office of His Highness Al Maktoum and S. L. Global. The two entities were appointed by the Aurugulf Health Investment (Abu Dhabi, United Arab Emirates), to be both Agents and Distributors of the Sputnik-V COVID-19 Vaccines in Ghana.

    10.4 Cost of the Vaccines

    10.4.1 The Committee found that the amount of US$19.00 was the agreed price of the vaccine under the Ministry's Agreement with Al Maktoum and US$18.50 under the Agreement with S. L. Global.

    10.4.2 The Committee found that the ex-factory price of the Sputnik-V Vaccine was US$10.00.

    10.4.3 The Minister explained that the prices achieved under the two Agreements included the cost of documentation, shipping, packaging, logistics and expenses in relation to transportation of the vaccine from its place of origin to Ghana.

    10.5 Decision to Procure the Vaccines

    The Committee found that the

    Ministry entered into the two Agreements based on a Ministerial decision, having regard to the advice of the COVID-19 Emergency Operating Committee.

    10.6 Payment to Messrs Al Maktoum

    The Committee found that the amount of US$2,850,000.00 (representing 50% of the contract sum of US$5,700,000.00) has been paid to Messrs Al Maktoum and this translates into the cedi equivalent of GH¢16,331,640.00 converted at the then prevailing exchange rate of US$1 to GH¢5.73.

    11.0 Recommendations

    Based on the afore-mentioned findings, the Committee recommends as follows:

    11.1 Issues Relating to Article 181(5) of the Constitution

    11.1.1 The Committee is of the opinion that even though the situation in the country at the time the Agreement was signed, was that of an emergency, yet due process of law should have been followed because Parliament would have treated the issue with the urgency it deserved and the appropriate action would have
    Mr Afenyo-Markin 10:02 p.m.


    been taken accordingly. The Agreement would have been taken under a certificate of urgency in accordance with the Standing Orders and the practices of the House.

    11.1.2 The Committee recommends that even in emergency situations the Minister ought to find time to communicate effectively and engage with the Committee on Health. Such an engagement would, as happened in the case under referral, saved the Ministry from the negative reactions.

    11.1.3 The Committee therefore recommends that, in future, any such transaction, whether local or international, be subjected to broader stakeholder consultations and should be taken through the due process of law including Parliamentary approval. Other Ministries, Departments and Agencies (MDAs) should take a cue from the recommendation, not only in the case of Agreements but also on issues relating to policies and programmes to be implemented.

    11.2 Issues relating to the Procurement Process

    11.2.1 The Committee found that the Ministry of Health did not seek approval from the Board of PPA under Sections 40 and 41 of Act 663 before signing the Agreements. It

    applied for ratification under Section 90(3) (c) of the Act. For the avoidance of doubt, Section 89(1) provides as follows: ‘'The Board may appoint a person to conduct an investigation into a matter related to the conduct of procurement proceedings by a procurement entity, or the conclusion or operation of a procurement contract if it considers that an investigation is necessary or desirable to prevent, or detect a contravention of this Act''. Section 90 of Act 663 as amended sets out the procedures on completion of an investigation caused by the Board of the Authority.

    Specifically, Section 90(1) provides that “An investigator shall forward a copy of the investigation report to the Board”. Section 90(3) provides that “The Board shall, if satisfied that there has been a contravention of a provision of this Act or any other enactment in relation to procurement proceedings or procurement contracts, take action to rectify the contravention which action shall include

    (a)annulment of the procurement proceedings;

    (b)cancellation of the procurement contract;

    (c) ratification of anything done in relation to the proceedings; or

    (d) a declaration consistent with the relevant provisions of this Act”.

    12.0 Conclusion

    12.1 The Committee has discharged its mandate by diligently examining the two Agreements, written and oral evidence on the subject within the parameters of the seven Terms of Reference and the timelines given by the House.

    12.2 As already stated, the Committee found that the Ministry of Health did not comply with the requirements of Article 181(5) of the Constitution in respect of its Agreement with Messrs Al Maktoum. The Minister said he did that because of the exigencies of the time when COVID-19 posed public health crises with highest fatalities and there was urgent global search for vaccines and at that material time the Agreements were signed, all government to government sources had failed as the bilateral sources had communicated to the Ministry that they would only be able to deliver in August 2021. Suffice to say that the bilateral sources did not include Russia since Ghana had no such arrangement with Russia.

    12.3 The Agreements ensuing from the negotiations have been submitted to the PPA for ratification, the Committee determined that the Agreements were entered into without the prior approval by PPA under Sections 40 and 41 of Act 663. Indeed, at the time of completing its work, PPA was yet to do the ratification.

    12.4 The Committee urges the Minister for Finance to take steps to recover the money due the Republic in respect of the amount of US$2,850,000.00 (cedi equivalent of GH¢16,331,640.00) being the cost of the Sputnik-V vaccines that were proposed to be procured.

    The Committee, by consensus, recommends to the House to adopt this Report.

    Respectfully submitted.

    It is important to point out to the House that the Hon Minister for Health willingly appeared before us, per our summons, and he made the technocrats of his Ministry available for questioning before the cameras and he answered questions to the best of his understanding of the issues. Where he had to concede on constitutional or legal issues, he so did.
    Mr Afenyo-Markin 10:02 p.m.


    Throughout the hearing, what was critical for us to know as a nation was whether or not at the material point in time, where --

    [Interruption] --
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Members, we are all itching to go home. So, can we please allow him to present the Report?
    Dr Abdul-Rashid H. Pelpuo 10:02 p.m.
    Mr Speaker, I think that we should not set any such precedent in which Reports to be presented to the House is preceded by unnecessary communications which cannot be debated. We are asking them to present a Report which is going to be debated here and so, all the things he is saying have nothing to do with the Report.
    Mr Speaker, please rule on it and let it not be part of our life in Parliament that people can have the liberty of saying what they want before or after Reports are read. They must stick to the rule and present their Reports and we will debate it and go. We do not even have much time to do all these that we are doing.
    Mr Second Deputy Speaker 10:02 p.m.
    Very well.
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker --
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Deputy Majority Leader, please!
    Please, just adhere to the Report.
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker, these are reputational issues. I do not want the records of this House to ever reflect that the submission being made by me were outside of this Report. I sought your leave to precede the submission with a quote; is it not allowed by our Rules? I did so. The Hon Pelpuo is a former Deputy Leader, he should know better than to attack me this way - [Uproar] --
    Mr Speaker, I submit --
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Deputy Majority Leader, please calm down. Yes, you may go on but please calm down.
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker, we conducted public hearing and the Hon Minister responded to the summons of your Committee and was open to the Committee and every information we needed from him, he willingly provided. We gave him deadlines to respond to us within 24 hours with written evidence and he complied. He also brought his
    technocrats before the Committee and they answered all our questions.
    Mr Speaker, at the hearing, what was clear was whether or not, at the time the Hon Minister took a ministerial decision to engage private sources for the procurement of vaccines that decision was justified. The Hon Minister so submitted to the Committee that there was an upsurge of COVID-19 infection, death rate at the time was high and -
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Deputy Majority Leader, Members have the Report so just move to the conclusion and -
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker, I am making my submission and I need to make a compelling submission. That is why I would not want to go through the entire Report. These are captured and I am making a submission and I need to make my case.
    Mr Second Deputy Speaker 10:02 p.m.
    Hon Leader, I am saying that get to the salient point and conclude. Leader, please -
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker, my Hon Senior Colleague is up -- [Uproar] --
    Mr Second Deputy Speaker 10:02 p.m.
    I have not admitted any point of order.
    Mr Afenyo-Markin 10:02 p.m.
    Mr Speaker, what came before us was whether or not the Hon Minister was justified in resorting to private sources for the procurement of vaccines at the time he did.
    Mr Speaker, the Hon Minister, through documentary evidence provided that to us to the effect that all government sources for the procurement of vaccines had failed the country at the time. This issue was not contested, no contrary evidence to that effect and that per the submission of the Hon Minister, he needed to take action.
    What action did he take? He said he had to rely on private sources to enable us get vaccines to save lives. However, in saving lives - in helping deal with a possible catastrophe, loved ones are dying because of COVID-19 and the Hon Minister was concerned about the situation facing the country and according to him, he took those actions without first coming to Parliament.
    Mr Speaker, what did he do? Soon after executing the contract and per the records that came before us, the Hon Minister said that he went to the Attorney-General and Minister for
    Mr Afenyo-Markin 10:12 p.m.


    Justice for advice. The Attorney- General advised that the nature of the Al Maktoum contract needed to come to Parliament in accordance with article 181(5)of the 1992 Constitution. This, we asked the Hon Minister whether or not he was ready to comply with the advice of the Attorney-General and he answered in the affirmative and same is captured in the Report.

    Then came the issue of the second contract - S. L. Global. On that one, it was our conclusion as a Committee that it was a Ghanaian registered company and that it did not need Parliamentary approval.

    Mr Speaker, the Hon Minister took us through negotiations prior to the signing of the contract and he said, yes, he concedes that the Sputnik-V was advertised to be selling at ex- factory for US$10.

    However, he was dealing with authorised agents so we asked if he got evidence and he answered that he brought documents. By consensus of the Committee, there was nothing contrary to the evidence that he brought.

    Mr Speaker, clearly, those two entities he signed the contract with had

    what it takes to be the authorised distributors of the manufacturer. This is a matter of record and it is not by Afenyo-Markin. As you have seen, the Committee by consensus came to a conclusion to this effect.

    Mr Speaker, back to the issue of pricing, the Hon Minister engaged us extensively and explained that he negotiated and even brought proof of Minutes of negotiations and further brought proof that on S. L. Global, after they had even agreed on US$26, they further reviewed it to US$18.5. Mr Speaker, all of these are captured in the Report and by consensus we agreed that this is the position that was taken.

    Mr Speaker, as a Committee, after carefully looking at all these submissions, we came up with the following recommendations - Mr Speaker, I have already prayed the Hansard Department to capture the Report, but for emphasis, I would deal with two of the recommendations as follows:

    We took a position that, yes, the exigencies of the situation compelled him to take action, but that notwithstanding, in future, even if it is a day, he should find time to engage the Committee on Health because we realised that if the Committee had been engaged and Parliament had had a broader engagement on this matter,

    all the brouhaha would not have arisen. Mr Speaker, these are captured in the Report and it is part of our recommendations.

    Mr Speaker, we also said that, in future, no matter how urgent the matter is, the rules allow Hon Ministers to come here under certificate of urgency. Therefore, no matter how urgent a matter is, the Hon Minister should come to Parliament for approval. However, we are not in normal times and procedural breaches cannot also be forgiven merely because there is an emergency to deal with. So, your Committee have extensively provided in our Report that such steps must be the way to go in future.

    Mr Speaker, on the issue of payments, the Hon Minister was very candid with us when the question was posed that whether or not he had paid, and he answered that as far as his Ministry was concerned, no such information had come to its attention. We then pressed to know whom we should follow up, and the Committee was diligent enough to write to the Ministry of Finance and we gave them 24 hours to respond and within 24 hours, the Hon Minister for Finance responded to us and gave us a full rendition of what had happened with respect to the transaction. There being some ambiguity in there we asked the

    Hon Minister to get a specific information from the Bank of Ghana and the Controller and Accountant General as to whether or not some actual payments have been made. Mr Speaker, because there is a difference between releases and actual payments. The Ministry complied with this and within 24 hours, the Hon Minister was able to get the information from the Controller and Accountant General and the information clearly indicated that part payment of the first 300,000 doses had been made in accord with the contract and further provided evidence to the effect that the suppliers had written to terminate the contract that they could not supply and that the Ministry should make a formal request to them for a refund of the unsupplied doses which they had received payments for.

    Mr Speaker, the Ministry brought us evidence of a formal communi- cation between the Ministry and the Private Office of Sheikh Al Maktoum which communication in simple terms stated the refund of the said amount. Mr Speaker, we have clearly captured all these and if you see paragraph 10.6, the submission I have just made is right there.

    Mr Speaker, before I take my bow, I want to make this point clear that we have had situations in this country where Reports have been
    Mr Afenyo-Markin 10:22 p.m.


    misconstrued and where somebody's Curriculum Vitae (CV) before a Committee of Parliament that was vetting a nominee for a ministerial consideration had been misreported and somebody wrote Dining Hall Prefect under “positions held in school” was misconstrued to mean his employment experience. It took honest men of this House to correct it so that it would not destroy that individual. Mr Speaker, it took honest men in this House in 2015/2016 to point out to the mischief out there that the Hon Member who was being nominated for a deputy ministerial appointment had not said dining hall prefect under “employment history”.

    Mr Speaker, therefore, I am submitting that, yes, there were issues, constitutional as they were, but the underlining reason for the decision of the Hon Minister was well-founded. To the extent that that decision was to save lives, we must commend him but to the extent that he erred in not seeking parliamentary approval prior to signing the contract, the Hon Minister would have to take note of it so that such a thing does not recur in future.

    Mr Speaker, we are all here to be fair to this Report and to look at the facts and be led by the facts and not to allow extraneous matters to

    misjudge the matter or to misguide us. That is why I am inviting this House to hold that notwithstanding constitutional matters that were obviously breached and the Hon Minister's assurance that he was coming to this House for ratification, we must adopt this Report for the sake of posterity and let it guide the governance of this country.

    Mr Speaker, all things being said, this Report is good for democracy. Whether somebody would go after the Hon Minister and use it as a punching bag is good for democracy. The fact that as a House we agreed that there must be a bipartisan Committee and the fact that this Report is by consensus - Mr Speaker, we know how previous Reports have suffered in the hands of certain individuals. So, by consensus we have agreed to submit this Report to you and having said all of these, I must equally point out that some unfortunate incidents took place and it is important for the records. Mr Speaker, while we were at this, the media unfortunately published some falsehoods on the news portal that the Report had been signed and so on. Mr Speaker, that was not the Report and so whatever was in the media and whoever concocted it, that was not the correct position of the Committee. It is important that I point this out.

    Mr Speaker, having said all of these, I thank you for the opportunity to chair the Committee, and I thank all colleagues; the very senior colleagues and lawyers. Hon Anyimadu-Antwi was very supportive; my colleague, Hon Bernard Ahiafor, senior at the Bar but junior in this House; and my own good friend Hon Akandoh. When the enemies were taking Hon Akandoh to the gorilla, I did not allow them to do so. He remembers that. I would want to remind him. When he was nominated, he remembered what happened.

    Mr Speaker, I am reminding Hon Akandoh. I was there for him. I was on the path of truth, and I know that one good thing deserves another. He should do that which is right. The facts would speak for themselves.
    Mr Second Deputy Speaker 10:22 p.m.
    Yes, Hon Ranking Member for the Committee on Health and Vice chairman of the Committee?
    Mr Kwabena Mintah Akandoh (NDC - Juaboso) 10:22 p.m.
    Mr Speaker, I am most grateful for the opportunity
    to second the Motion that this honourable House adopts the Report of the Ad Hoc Committee to Investigate the Procurement Contract Between the Government of the Republic of Ghana and His Highness Sheikh Ahmed Dalmook Al Maktoum and S.L. Global for the Supply of Sputnik-V COVID-19 Vaccines.
    Mr Speaker, due to the high public interest --
    Mr Second Deputy Speaker 10:22 p.m.
    Hon Members, may you put on your mask? [Uproar.]
    Mr Akandoh 10:22 p.m.
    Mr Speaker, as I said, we had about seven clear terms of reference. Before I proceed to tackle the terms of reference, let me put on record that at the Committee level, no evidence of government to government transaction by the Republic of Ghana was provided.
    Again, the Hon Minister for Health clearly admitted that he never contacted the Government of Russia before signing this Agreement. Take note that the issue under consideration is the procurement of Sputnik-V, which is manufactured in Russia. So if there was going to be any government to government transaction before the procurement, Russia must
    Mr Speaker, on general comments, listen to what the Hon Attorney-General said 10:22 p.m.
    “We observed that the Agreement has been executed between the Government of Ghana through the Ministry of Health and the Private office of Al Maktoum, a member of the ruling family of Dubai, United Arab Emirates, and therefore subject to provision 181(5) of the 1992 Constitution. In view of this, parliamentary approval is required to ensure validity of the Agreement.”
    This is the Attorney-General's report; I am not the one saying it.
    Mr Speaker, we were also to ascertain whether the procurement process was followed and the propriety of same. The only provisions that give the Hon Minister the opportunity to do sole sourcing in the Public Procurement Act are sections 40(1) and 40(2). Section 40(1) requires the Hon Minister to seek the prior approval of the Board of the Public Procurement Authority (PPA), and he must come with public notification. It would interest you to know that the Hon Minister ignored the PPA before and during the execution of the contract. After the execution of the contract, the Hon Minister then wrote to the PPA to ratify the contract, and PPA in turn wrote and said they would not ratify, but would investigate the Hon Minister why he did not involve them and the circumstances leading to such execution of the contract.
    Mr Speaker, as I speak to you, the said contract has not been ratified. Therefore, the procurement law of this country has clearly been breached. And this is a statement of fact.
    Mr Speaker, again, moving to another term of reference, we were to determine whether the services of
    a middleman was procured in the transaction, and if so the propriety of same having regard to the relevant laws.
    Mr Second Deputy Speaker 10:22 p.m.
    Hon Member, just hold on a little.
    Yes, Hon Member for Asante Akim Central?
    Mr Kwame Anyimadu-Antwi 10:22 p.m.
    On a point of order. Mr Speaker, the Hon Member is actually trying to say, and he has said that the Hon Minister was in breach of the Act, and in this case, Act 663.
    Mr Speaker, I refer the Hon Member to page 24 of the Report that he holds. As part of the same law, it reads --
    Mr Second Deputy Speaker 10:32 a.m.
    Hon Members, order! [Interruption.]
    Hon Members, please, respect the Chair.

    Hon Member, just finish it up.
    Mr Anyimadu-Antwi 10:32 a.m.
    Mr Speaker, I would want to refer the
    Mr Second Deputy Speaker 10:32 a.m.
    Hon Member, you would be given the opportunity.
    Mr Anyimadu-Antwi 10:32 a.m.
    Mr Speaker, the point that the Hon Member says that he is in breach of a law and that same law - a part of it gives a window and the Hon Minister himself had written to PPA for ratification. So under this, I do not think that the Hon Member would be right to say that the Hon Minister was in breach. It was not our finding, Mr Speaker.
    Mr Second Deputy Speaker 10:32 a.m.
    Hon Member, you are a Member of the Committee, are you not? You would be given the opportunity.
    Mr Akandoh 10:32 a.m.
    Mr Speaker, we were to determine whether the service of a middleman was procured in the transaction and if so, the propriety of same having regard to the relevant laws.
    Mr Speaker, if we are not dealing with a manufacturer or the government of the manufacturer of Sputnik-V, we did not deal with the RDIF, which is the government responsible for the management of
    Sputnik-V. We dealt with Al Maktoum and S. L. Global - clearly, they are middlemen.
    Mr Speaker, as if that is not enough -- listen to the comment from the Attorney-General's Department:
    “We also know that the vaccines are produced or manufactured from Russia and other countries are procuring directly from the manufacturers but Ghana has elected to procure it through third party who is not an agent of the manufacturer as such making him not liable to Ghana and Ghanaians in the likely event of any adverse effect.”
    Mr Speaker, this has been established.
    Mr Speaker, again, justification of the cost -- whether we have value for money -- US$19 per dose.
    Mr Speaker, we drew the Hon Minister's attention to the fact that the manufacturer has indicated that a dose of Sputnik-V should not be bought in the international market for more than
    US$10.
    Mr Speaker, interestingly, the Hon Minister told the Committee that not until he met Al Maktoum, he did not even know that RDIF was responsible
    for the sales of Sputnik-V. What kind of due diligence did the Hon Minister do before entering into the contract? It clearly indicates that the Hon Minister knew very li