Debates of 20 Dec 2021

MR SPEAKER
PRAYERS 4:01 p.m.

Mr Speaker 4:01 p.m.
Yes, Hon Deputy
Minority Whip?
Mr Ahmed Ibrahim 4:01 p.m.
Mr
Speaker, I rise on Standing Order
160(1) and (2), and that talks about
the Order of Business. I am a
Member of the Business Committee
and we programmed the Business
of last week which was supposed to
have ended on Friday, 17th
December, 2021. Even if the
Business of Friday 17th December,
2021, was not completed, we are
beginning another week. Per Order
160(1) and (2), it shall be the duty
of the Business Committee to
programme the Business of each
Meeting and Sitting in this House.
I have been here since morning
waiting for the Business Committee
to be called for us to go and
programme the Business for today
but that meeting did not take place.
These Standing Orders were made
by this House; if we make our own
rules and fail to honour them, then,
who are we making the laws for?
On that note, I would want to ask
who generated this Order Paper and
in what capacity? The Business
Committee could not arrive at a
conclusion on the day of
adjournment. When Members
asked, we said the Business
Committee would be called again
and when we go for a Business
Committee meeting, it would be
made known whether we are
adjourning today or tomorrow. As I
stand here as a Member of
Leadership, I am not even aware of
what activity we would embark
upon today, when we would rise
sine die and what programme the
Business Committee has today. I do
not even know.
Mr Speaker, once we begin to
operate in that manner, there would
be disorder in the House. It is the
respect for rules and regulations
that maintains order in this House.
So, to conclude, I would like to ask
who generated the Order Paper and
why there was no Business
Committee meeting. If there was no
Business Committee meeting, then
this Order Paper was illegally
generated. This House must

suspend for the Business

Committee to reconvene to look at

the activities of the day that this

House must embark upon. Without

that, we may be treading on a very

slippery path.

I rest my case.
Mr Frank Annoh-Dompreh 4:01 p.m.
Mr Speaker, I heard my Hon
Colleague and good Friend's observations. I must indicate that it
is a very genuine observation to
make, but the point must be made
that between yesterday and the
early hours of today, our good
Friend, the Hon Majority Leader,
had an emergency and he delegated
powers to me. I should be taking all
the blame because I failed to do the
proper communication. So, my Hon
Colleagues should bear with us.
Mr Speaker, suffice it to say that
during the early hours of today,
after engaging the Hon Majority
Leader, I went ahead to engage the
Table Office to have a sense of the
Business of today in the face of the
fact that the Business Committee
did not meet to programme
activities to be taken. The
communication I had from the
Table Office was that we were
supposed to deal with outstanding
matters and that communication
could be confirmed by the Clerks-
at-the-Table who are in the House
with us. I get the sense of what my
Hon Colleague is communicating
but it is not the case that somebody
is trying to smuggle some items
onto the Order Paper.
[Interruption] -
Mr Speaker, I am not justifying
it. Let me distinguish this; I am not
putting out a justification but if you
look at the items listed on the Order
Paper, largely, most of them are
outstanding matters that were not
dealt with, with the exception of a
few items introduced. For those
new ones, they are Papers that are
being laid which would be
considered later in the week. So, I
would appeal to my Hon Colleague
to humbly accede and let us
progress. We can take it case by
case. Where there is a strong reason
that a particular item should be
distinguished and not dealt with, we
would not litigate on it so that we
can make progress. This would be
my initial comments to the
observations made by the Hon
Deputy Minority Whip.
Mr Speaker 4:01 p.m.
I suppose that the
Hon Majority Chief Whip spoke for
and on behalf of the Chairman of
the Business Committee.
Is that the case, Hon Majority
Chief Whip?
Mr Annoh-Dompreh 4:01 p.m.
Mr
Speaker, that is so.
Mr Speaker 4:01 p.m.
Thank you so
much.
Yes, I saw the Deputy Minority
Chief Whip again on his feet. Is
there anything more that you would
want to add?
Is that all right? [Interruption] - He has conceded that the point you
raised is a genuine one -
Mr Ahmed Ibrahim 4:11 p.m.
Mr
Speaker, my point was that, like you
said, not all the Businesses on this
Order Paper were on last week's Order Paper. There are new
Businesses on the Order Paper
which the Hon Members of the
Business Committee are not aware
of.
Mr Speaker 4:11 p.m.
Hon Member,
actually, the issue of doing Business
does not arise at all. The first thing
is, was there a Business Statement
read by the Hon Chairman of the
Business Committee last week
Friday?
Some Hon Members 4:11 p.m.
No.
Mr Speaker 4:11 p.m.
There was no
Business Statement. Now, the
House was adjourned by the Rt.
Hon Speaker till the following
Monday, which is today. It meant
that the Business Committee should
have taken notice of that
adjournment to hold a meeting to
then programme the Business for
today and maybe, tomorrow or
whenever. Also, the Committee was
to give indication as to how we are
to go about the Business for this
week because when you go to
Standing Order 53, you would see
that without the Order of Business,
they cannot prepare an Order Paper
but we have an Order Paper here.
Clearly, it states in Order 53(1) that:
“The business for each Sitting day, as decided by the
Business Committee shall be
set out in the Order Paper…”
So, without such a Report, it will
be difficult to produce an Order
Paper but from the explanation
from the Hon Majority Chief Whip,
he had to get in touch with the Table
Office to prepare an Order Paper.
Definitely, that is an anomaly,
but after that, there should have
been a meeting to adopt it and that
would have been the first thing for
today so that we would get to know
the Business of the day and if
possible, tomorrow. As we sit, we

do not know whether we are rising

today or tomorrow. So, the first

thing would be for us to try to see

how we can adopt what is before us

or whatever action we can take

before we can proceed.

Yes, Hon Minority

Leader?
Mr Haruna Iddrisu 4:11 p.m.
Mr
Speaker, thank you. I have tried to
persuade the Deputy Minority
Whip, Hon Ahmed, that as
Parliament, we are masters of our
own procedure even though I
cannot argue further. When you
made reference to Standing Order
53 and the requirement that the
Business Committee ought to have
met and presented a statement of
what we should be doing, I must
admit that my thinking was that my
Hon Colleagues in Government,
when we transacted Business up to
the level of the Appropriation Bill,
there was one major outstanding
issue in the name of the ‘animal' called the E-Levy.
So I was thinking that
Government, just like in the past
when the National Democratic
Congress (NDC) Government was
confronted with Value Added Tax
(VAT), we withdrew it, went and
consulted stakeholders and came
back with it. My thinking was that
this Government would have learnt
some lessons from what happened
in the past, but the Hon Majority
Leader strongly indicated to me that
it was the wish of Government to
pass the E-levy Bill.
Mr Speaker, so I yielded to him
that we could consider that this
Monday while sending a strong
notice to him that our Side of this
House would not cooperate nor
support anything E-Levy. If it
pleases you, we can accommodate
them with the understanding that
the major outstanding business that
this House should be looking at is
the matter of E-Levy. If I were
those in Government, that is not
impervious to public opinion and
the legitimate concerns of the
Ghanaian people, I would have
arrested it for further consultation
to come back. If they insist, once
we have passed Appropriation Bill,
which deals with expenditure and
they are not prepared to cut
expenditure, we have to deal with
the second leg of revenue.
Mr Speaker, we would have to
ask you to, within the meaning of
Article 110 of us being masters of
our own procedure, accept that that
Standing Order can be stood down
for our purpose that we are
accommodating the E-levy and any
matter that you may consider
tangential to doing other Business.
However, it is not for anybody to

come saying that we should extend

Sitting from today till tomorrow or

we should sit till midnight.

Concerning the E-levy. The

Committee should bring their

Reports. We will debate it

thoroughly, take our positions, and

we would see what numbers do for

the people of Ghana.

Mr Speaker, if I could persuade

you, as appropriate and legal as it is,

that particular Standing Order you

have referred to be stood down so

that the Business Committee is not

expected to come with a statement.

But we could agree at a gentleman

level that we transact the E-levy

Business and one or two other

businesses that we may be able to

accommodate before the E-levy.

However, if I were Government, I

would have withdrawn it for further

consultation and come back

properly.

Mr Speaker, I can only plead

with you to consider that Standing

Order stood down because there

was a gentleman's agreement when my Hon Colleague reached out to

me that we should do Business

concerning the E-levy on Monday

and we yielded to it. It escaped all

of us. I recall he came to insist on

when we would meet as a Business

Committee.
Mr Speaker 4:21 p.m.
What I can say is
to refer the adoption of today's Order Paper to the House. It has to
be adopted by the House for us to
transact today's Business. If there is the need for the Business to go
beyond today, the Business
Committee would have to hold a
meeting to rectify the oversight or
whatever it might be. So, Hon
Members, I will put the question for
the adoption of the Order Paper. I
would not say it is not properly
before us, but it has to be adopted.
Once the Hon Majority Chief Whip
has given an explanation, it has to
be adopted by the House, then we
can take the items that are
scheduled for today. If there is any
intention for us to extend Business
to tomorrow, then the Business
Committee would have to meet.
Question put and Motion
agreed to.
Hon Members, let me just add
that democracy is about the rule of
law. We all agree that our conduct
and behaviour should be governed
by this rule, so we must always
endeavour to go by that rule,
particularly, we Hon Members of
Parliament and Parliament itself.
Once we pass the law, we must
lead, so we should not take such
things lightly or as a joke. We
should take them seriously. We
have to do this because of the

importance of the matter before the

House and the consequences of that

matter, one way or another. So, we

have adopted the Order Paper for

the day but let it not be repeated.

We will move on to the item

numbered 4 on the Order Paper - Correction of Votes and

Proceedings and the Official

Report.

Votes and Proceedings

and the Official Report
Mr Speaker 4:21 p.m.
Hon Members,
correction of Votes and
Proceedings of Friday, 17th
December, 2021.
Page 1, 2 … 25 -
Dr Kingsley Nyarko 4:21 p.m.
Mr
Speaker, on page 24, second
paragraph of the item numbered 46,
Mrs Ophelia Mensah Hayford is the
Hon Vice Chairperson of the
Committee on Defence and the
Interior. Mr Speaker, she is not the
Hon Chairperson of the Committee.
Mr Speaker 4:21 p.m.
The Table Office
should take note of this correction.
Page 25 -
Mr Samuel Abu Jinapor 4:21 p.m.
Mr
Speaker, I would have to take the
House back to the item numbered
25 on page 18. The record shows
that the House accordingly
approved the sum of GH₵1.3 billion. Mr Speaker, it was actually
GH₵1.6 billion, and I can furnish the Table Office with the exact
figure that was approved.
Mr Speaker 4:21 p.m.
Very well. The
Table Office should note the
correction.
Dr Nyarko 4:21 p.m.
Mr Speaker, I need
your direction on the first paragraph
on page 25. The last sentence reads:
“… Draft C. I. creating a new Constituency for the people of
SALL”
Mr Speaker, I do not know
whether it would be appropriate to
write the full rendition of the towns
rather than “SALL” because “SALL” represents the towns of ‘Santrokofi', ‘Akpafu', ‘Likpe' and ‘Lolobi'.
Mr Speaker 4:31 p.m.
Hon Member,
thank you. The full names should be
fully captured and not the “SALL”.
Page 27, 28 … 47

Hon Members , in the

absence of any further

corrections, the Votes and

Proceedings of Friday, 17 t h

December, 2021, as corrected

is hereby adopted as the true

record of proceedings.
Mr Speaker 4:31 p.m.
Hon
Members, we have two
Statements.
Mr Annoh-Dompreh 4:31 p.m.
Mr
Speaker, with respect, I am
seeking your leave for us to
vary the order of Business to
rather take the item numbered
6 — Presentation of Papers — a few Papers to be laid, after
which we could come to
Statements .
Mr Speaker 4:31 p.m.
Hon
Members, any other objection
or application for leave? If
not, we move to the item
numbered 6, At the
Commencement of Public
Business — Presentation of Papers.
Mr Annoh-Dompreh 4:31 p.m.
Mr
Speaker, I would seek your
kind leave again for the Hon
Deputy Minister for Finance,
Hon John Kumah, to lay the
Paper. Mr Speaker, we are
taking the items numbered
6(a)(i), (ii) all the way to (v).
Mr Speaker 4:31 p.m.
The Hon
Deputy Minister for Finance
to present the Papers for and
on behalf of the Minister for
Finance.
PAPERS 4:31 p.m.

  • [including UKEF Premium]) to finance the Construction of the Bunso - Adawso Road and specified approach roads to the Adawso Bridge Project . (iii) Tied Commercial Facility Agreement amongst the Government of the Republic of Ghana (represented by the Ministry of Finance), Deutsche Bank AG (as Agent, Arranger, and Structuring Bank) and African Export -Import Bank (as Original Lender) for an amount of Fifty-One Million, Four Hundred and Fifty Thousand Euros (€51,450,000.00 to finance the Construction of the Bunso - Adawso Road and specified approach roads to the Adawso Bridge Project . (iv) Atradius Credit Facility Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and Deutsche Bank AG, Frankfurt am Main, Germany (as Arranger, Structuring Bank, Agent and Original Lender) loan amount of Two Hundred and Thirty Thousand Euros (€230,000,000.00[ inclu ding Atradius Premium]) to finance the construction of a Bridge over the Volta River at Adawso- Ekyi Amanfrom. Dr Matthew Opoku Prempeh: Mr Speaker, in the Paper just laid, we have two hundred and thirty thousand euros in words but €230 million in figures.
  • Mr Speaker 4:31 p.m.
    The item
    numbered (iv) says two
    hundred and thirty thousand
    euros instead of two hundred
    and thirty million euros, so
    Hon Members should take
    note of the error and correct
    the title on the Paper
    accordingly.
    (v) Term Loan
    Facility Agreement
    amongst the
    Government of the
    Republic of Ghana
    (represented by the
    Ministry of Finance),
    Deutsche Bank AG,
    Frankfurt (as Arranger
    and Original Lender)
    and TMF Global
    Services (UK) Limited
    (as Facility Agent) for
    an amount of Thirty-
    Eight Million, Nine
    Hundred and Twenty-
    Eight Thousand,
    Eight Hundred and
    Ninety-Eight Euros
    (€38,928,898.00) to finance the
    Construction and
    Equipping of 40-Bed
    District Hospitals at
    Ayensuano, Effiduase
    and Offinso, and the
    Completion and
    Equipping of Old Tafo
    Maternity and Kumasi
    South Maternity
    Blocks.
    Referred to the Finance
    Committee.
    Mr Speaker 4:31 p.m.
    I hope the
    Ministry is not expecting us
    to finish these matters today
    because these are very
    important facilities and we
    need to take some time to go
    through them properly.
    Mr Annoh-Dompreh 4:31 p.m.
    Mr
    Speaker, I guess we can now
    go on to the item numbered 6
    (b) (i) and (ii).
    Mr Speaker 4:41 p.m.
    Hon Members,
    item numbered 6 (b) (i).
    PAPERS 4:41 p.m.

    Mr Speaker 4:41 p.m.
    Hon Majority
    Chief Whip, any further directions?
    Mr Frank Annoh-Dompreh 4:41 p.m.
    Mr Speaker, certainly. Item
    numbered 6 (c)
    Mr Speaker 4:41 p.m.
    Hon Members,
    item numbered 6 (c) by the Minister
    for Heath.
    (c) By the Minister for Health

    Engineering, Procurement
    and Construction
    Agreement between the
    Government of the
    Republic of Ghana
    (represented by the
    Ministry of Health)
    and Golden Mainland
    Ghana Limited for an
    amount of Thirty-Eight
    Million Euros
    (€38,000,000.00) for the Construction and
    Equipping of 40-Bed
    District Hospitals at
    Ayensuano, Effiduase
    and Offinso, and the
    Completion and
    Equipping of Old Tafo
    Maternity and Kumasi
    South Maternity
    Blocks.

    Referred to the Committee

    on Health
    Mr Annoh-Dompreh 4:41 p.m.
    Mr
    Speaker, now, we move on to
    item numbered 6(e), and we
    are excluding the first two:
    item numbered 6(e)(i) and (ii)
    is excluded. So, we would
    take item numbered 6(e) (iii),
    (iv), (v) and (vi)
    Mr Speaker 4:41 p.m.
    Hon
    Member, are the rest on page
    7 not included?
    Mr Annoh-Dompreh 4:41 p.m.
    Mr
    Speaker, let me just amend
    that . We are rather taking
    item numbered 6(e) (v) and
    (vi) for now.
    Mr Speaker 4:41 p.m.
    Hon
    Members, item numbered
    6(e)(v) and (vi) by the
    Chairman of the Committee.
    By the Chairman of the
    Committee—
    (v) Report of the
    Finance Committee
    on the Credit
    Facility Agreement
    between the
    Government of the
    Republic of Ghana
    (represented by the
    Ministry of
    Finance) and the
    International
    Development
    Association (IDA)
    of the World Bank
    Group (WBG) for an
    amount of Seventy-
    Five Million United
    States Dollars
    (US$75,000,000.00)
    {supplemented by a
    grant amount of
    US$28,360,000.00
    (to be provided
    through the
    following Grant
    GEF - 4:41 p.m.

  • [including UKEF Premium]) to finance the Construction of the Bunso - Adawso Road and specified approach roads to the Adawso Bridge Project .
  • Mr Speaker 4:41 p.m.
    Hon
    Members, I think I can now go
    to Statements.
    Mr Annoh-Dompreh 4:41 p.m.
    Mr
    Speaker, we thank you for
    your kindness, but before you
    go to Statements we would
    lay one more Paper, item
    numbered 6(e)(ix) on page 7,
    after which we would take
    item numbered 11, and with
    your kindness we can take the
    Statement after that.
    Mr Speaker 4:41 p.m.
    Hon
    Members, item numbered 6(e)
    (ix)
    By the Chairman of the
    Committee—
    (ix)Report of the
    Finance Committee
    on the Credit Facility
    Agreement between
    the Government of
    the Republic of
    Ghana (represented
    by the Ministry of
    Finance) and the
    Government of the
    Republic of Korea
    (acting through the
    Export-Import Bank
    of Korea
  • [Government Agency for the EDCF]) for an amount of Sixty- Eight Million United States Dollars (US$68,000,000.00) to finance the implementation of the Northern Ghana Rural Electricity Infrastructure and Access Project .
  • Mr Speaker 4:41 p.m.
    Hon
    Members, we would now
    move to item numbered 11.
    Mr Annoh-Dompreh 4:41 p.m.
    Yes, Mr Speaker.
    Mr Speaker 4:41 p.m.
    Hon
    Members, item numbered 11,
    Motion by the Chairman of
    the Committee.
    MOTIONS 4:41 p.m.

    Mr Speaker 4:41 p.m.
    Hon
    Members, we would move
    accordingly to the substantive
    Motion.
    Is that the indication?
    Mr Annoh-Dompreh 4:41 p.m.
    Mr
    Speaker, exactly so.
    Mr Speaker 4:41 p.m.
    Hon
    Members, Motion numbered
    12 to be moved by the
    Chairman of the Committee .

    GoG/ IDA Credit Facility

    Agreement for the Ghana

    Landscape Restoration

    and Small Scale Mining

    Project .

    Chairman of the

    Committee (Mr Kwaku

    Agyeman Kwarteng): Mr

    Speaker, I rise to move that

    this Honourable House adopts

    the Report of the Finance

    Committee on the Credit

    Facility Agreement between

    the Government of the

    Republic of Ghana

    (represented by the Ministry

    of Finance) and the

    International Development

    Association (IDA) of the

    World Bank Group (WBG) for

    an amount of Seventy-Five

    Million United States Dollars

    (US$75,000,000.00){supplem

    ented by a grant amount of

    US$28,360,000.00 (to be

    provided through the

    following Grant Agreements:

    [i] GEF - US$12,756,881.00;

    [ii] PROGREEN -

    US$15,000,000.00;

    [iii] EGPS - US$600,000.00)} for the Ghana Landscape Restoration

    and Small Scale Mining Project.

    Restoration and Small Scale Mining Project.

    Mr Speaker, I present the report of your committee.

    1.0 Introduction

    The Credit Facility Agreement between the Government of the Republic of

    Ghana (represented by the Ministry of Finance) and the International

    Development Association (IDA) of the World Bank Group (WBG) for an

    amount of Seventy-Five Million United States Dollars (US$75,000,000.00)

    {supplemented by a grant amount of US$28,360,000.00 (to be provided through

    the following Grant Agreements: [i] GEF - US$12,756,881.00; [ii] PROGREEN

    - US$15,000,000.00; [iii] EGPS - US$600,000.00)} for the Ghana Landscape Restoration and Small Scale Mining Project was presented to the House on

    Wednesday 15th December, 2021 by the Hon. Deputy Minister for Finance, Mrs

    Abena Osei-Asare, on behalf of the Minister responsible for Finance in

    accordance with Articles 181 of the 1992 Constitution of the Republic of Ghana.

    The Agreement was 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 the Minister for Lands and

    Natural Resources, Hon. Samuel Abu Jinapor, Deputy Minister for Lands and

    Natural Resources, Hon. George Mireku Duker, Deputy Ministers for Finance,

    Hon. Abena Osei-Asare and John Ampontuah Kumah as well as a team of

    officials from the Ministries of Finance and Lands and Natural Resources.

    The Committee is grateful to the above-mentioned Honourable Minister,

    Honourable Deputy Ministers 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 on the Agreement:

    • The 1992 Constitution of the Republic of Ghana;

    • The Standing Orders of the Parliament of Ghana;

    • The Public Financial Management Act, 2016 (Act 921).

    Restoration and Small Scale Mining Project.

    3.0 Background

    Ghana has recorded commendable high growth over the past two decades. This growth has been

    largely fueled by massive natural resource exploitation in the agricultural and mining sectors in

    addition to a thriving services sector.

    Given the critical role of natural resources to sustained socio-economic development, several policy

    and regulatory interventions have been promoted. For instance, Government's mineral exploration policy is to ensure sustainable extraction of mineral resources, with effective linkages to the rest of

    the economy.

    Other policy interventions have also been geared towards ensuring (i) environmentally sustainable

    mining and logging; development and promotion of mining communities; (iii) development of a

    framework for mineral revenue management; (iv) land restoration after mining operations are

    undertaken; (v) comprehensive tackling of illegal and unsustainable mining; and (vi) provision of

    incentives to attract private investors into sustainable exploration of unexploited mineral resources,

    especially in the Upper West, Upper East, Northern Regions, and other parts of the country.

    The effectiveness of these interventions have been mixed and varied.

    The effects of environmentally destructive mining practices have been exacerbated by the threats

    posed by the increasing climate change to the health and well-being of people and communities,

    livelihoods, natural and agricultural resources, and infrastructure. In response, several climate change

    interventions including the (i)National Climate Change Policy (NCCP) launched in July 2014, to

    provide strategic direction for achieving a climate-resilient and climate-compatible economy

    through equitable, low-carbon economic growth; and (ii) Paris Climate Agreement signed in

    December 2016, under which Ghana has committed to reduce greenhouse gas emissions by 15 per

    cent by 2030.

    In spite of these policy and regulatory advances, key challenges to the sustainable exploitation of the

    environment persist. A major challenge is the Artisanal and Small-Scale Mining. To specifically

    address the devastating impact of unregulated mining, Government with support from the World

    Bank and other Development Partners seeks to implement the proposed Ghana Landscape

    Restoration and Small Scale Mining Project (GLRSSMP). The Project is designed to strengthen

    integrated natural resource management and increase benefits to communities in targeted savannah

    and cocoa forest landscapes.

    4.0 Purpose of the Facility

    The purpose of the Credit Facility is to enable Government to raise funds to finance the GLRSSMP.

    5.0 Terms of the Facility

    The summarised terms and conditions of the Credit Facility Agreement are as follows:

    Restoration and Small Scale Mining Project.

    Table 1 - Terms

    Repayment 25 years

    Period

    Grace Period 5 years

    Maximum 0.5 - One-half of one per cent (1/2 of 1%)

    Commitment per annum on the Unwithdrawn Financing

    Charge Balance.

    Service Charge 1.57% - sum of three-fourths of one

    per cent (3/4 of 1%) per annum plus the

    Basis Adjustment (+82bps) to the Service

    Charge on the Withdrawn Credit Balance.

    Interest Charge 1.37% - sum of one and a quarter per cent

    (1.25%) per annum plus the Basis

    Adjustment to the Interest Charge

    (+12bps) on the Withdrawn Credit

    Balance.

    Grant Element 18.85%

    Restoration and Small Scale Mining Project.

    6.0 Project Scope and Cost Breakdown

    The GLRSSMP will be implemented through the following key components:

    Component 1: Institutional Strengthening for Participatory

    Landscape Management - US$14.21 million (IDA US$10.66m, GEF

    US$2.51m, PROGREEN US$1.04m) - This component will enhance multipurpose land and water management models at the national level and

    support the development of spatial planning tools for mapping and

    monitoring impacts, and effective monitoring of sustainable cocoa

    production.

    Component 2: Enhanced Governance in Support of Sustainable ASM

    - US$17.48 million (IDA US$16.88m,

    EGPS US$0.6m) - This component will strengthen the regulatory

    framework for ASM, with a focus on modernizing regulatory instruments

    and building the capacity of key government agencies involved in ASM

    regulation and compliance monitoring as well as district management

    committees.

    Component 3: Sustainable Crop and Forest Landscape Management

    - US$60.28 million (IDA US$38.26m, GEF US$9.14m, PROGREEN

    US$12.88m) - This component seeks to link improved food production

    and ecological integrity through investments in production and forest

    landscapes, focusing on promotion of climate-smart agriculture,

    conservation, and restoration activities.

    Component 4: Project Monitoring and Knowledge Management -

    US$8.39 million (US$6.2 million from IDA, US$1.11 million from

    GEF, and US$1.08 million from PROGREEN) - This component will

    support robust project management and implementation. It will have two

    subcomponents, each led by a respective Project Coordination Unit at the

    Ministry of Environment, Science, Technology and Innovation (MESTI)

    represented by the Environmental Protection Agency (EPA) and Ministry

    of Lands Natural Resources (MLNR).

    Component 5: Contingent Emergency Response Component - A

    Contingent Emergency Response Component (CERC) with zero

    allocation will be created and made implementation-ready to allow

    Government to respond quickly in case of an eligible emergency.

    Restoration and Small Scale Mining Project.

    These cost do not include the project preparatory advance (PPA)

    received by the Ministry of Lands and Natural Resources from IDA

    (US$3.0 million). The project is expected to end on 30th September,

    2027.

    Leveraged Additional Grant Financing: Furthermore, the US$75.0 million

    IDA credit provides Ghana the opportunity to access a total grant facility of

    US$28.36 million from the Global Environment Facility (GEF),

    PROGREEN Multi-Donor Trust Fund, and the Extractives Global

    Programmatic Support (EGPS). The grant will complement the IDA

    financing to foster integrated landscape and resource management practices

    and sustainable ASM

    Table 2 below provides an overview of the components and costs associated

    with the respective financing:

    Table 2. Component Costs (US$ Million)

    Component/Subcomponent

    Total

    Cost IDA GEF PROGREEN EGPS

    3.1. Planning, capacity, and

    implementation of SLWM in

    target 30.38 16.53 6.83 7.02 0.00

    micro-watersheds

    3.2. Value addition, market

    access, and

    6.50 3.83 1.30 1.37 0.00

    income diversification

    3.3. Forest management

    planning and

    7.85 4.88 1.01 1.96 0.00

    investments in and around

    forest reserves

    Restoration and Small Scale Mining Project.

    3.4. Management of wildlife

    protected

    7.51 4.98 0.00 2.53 0.00

    areas and biological corridors

    3.5. Reclamation of mined out

    sites and

    8.04 8.04 0.00 0.00 0.00

    alternative livelihoods

    Total 60.28 38.26 9.14 12.88 0.00

    4.1. Project monitoring and

    knowledge

    5.39 3.20 1.11 1.08 0.00

    management (EPA PCU)

    4.2. Project monitoring

    (MLNR PCU) 3.00 3.00 0.00 0.00 0.00

    Total 8.39 6.20 1.11 1.08 0.00

    Component 5. Contingency

    0.00 0.00 0.00 0.00 0.00

    Emergency Response

    Project Preparatory Advance

    (MLNR) 3.00 3.00 0.00 0.00 0.00

    Total Project Cost 103.36 75.00 12.76 15.00 0.60

    6.0 Observations

    6.1 Need to Curb Environmental Degradation

    The Committee was informed that the GLRSSMP is largely triggered

    by the urgent need to curb the threats posed by environmental

    Restoration and Small Scale Mining Project.

    degradation and climate change. Based on the implementation

    efficiency of the ongoing Forest Investment Programme, and lessons

    learnt from the just ended Sustainable Land and Water Management

    Project, the GLRSSMP presents a perfect opportunity to scale-up the

    interventions within the cocoa landscapes in the Semi Deciduous and

    Transition Zones as well as forest landscapes in the Northern

    Savannah region.

    Government is committed to improving the livelihoods of target

    communities by harnessing investment in improved land and forest

    management activities, and sustainable livelihoods programs that

    would reduce consumptive pressures on forests.

    6.2 Complex Land Tenure and ASM

    The Committee noted that the complexities in Ghana's land tenure, limited land-use planning, sub-optimal land use, and unsustainable

    land-use practices mostly compromises the full potential of

    Artisanal and Small-Scale Mining (ASM), and negatively affects

    agricultural productivity. This has had adverse effects on

    environmental quality, food security and income generation for

    rural communities, and on general economic development. In

    addition, the high degree of informality in the ASM sector erodes

    the potential fiscal revenues from the sector, due to smuggling and

    tax evasion.

    There is thus the urgent need for steps to be taken to enhance

    effective management of ASM, especially due to the dependence

    of several communities on mining and agricultural endowments for

    their livelihoods.

    6.3 Improved and Sustainable Land Management Practices

    The project is expected to support sustainable practices in production

    landscapes for key food crops through investment and promotion of

    climate-smart agriculture, conservation, and restoration activities. This

    will promote sustainable food systems and agriculture value chains;

    and boost green recovery of rural livelihoods in target forested areas.

    6.4 ASM Formalization and Accountability

    Project activities especially under Component 2 will lead to a

    formalized ASM sector through (i) reclassification of small and

    Restoration and Small Scale Mining Project.

    medium-scale mining licenses and registration of license holders, (ii)

    streamlining ASM administration, and (iii) enhancing district capacity

    to manage ASM. This will ensure higher tax receipts from registered

    businesses and, expectedly, a better retention of value addition from

    gold.

    6.5 Job Creation

    The Committee noted the growing significance of mining as a driver of

    forest loss and its negative impacts on waterways and observed that the

    project interventions will support appropriate forest landscape

    restoration activities, as well as reclamation of mined out areas.

    Alternative livelihood opportunities would also be provided to miners

    and farmers of target communities to help them create other sources of

    income to replace mining.

    7.0 Conclusion

    The Committee has carefully considered the Agreement and

    respectfully recommends to the House to adopt this report and approve

    by resolution, the Credit Facility Agreement between the Government

    of the Republic of Ghana (represented by the Ministry of Finance) and

    the International Development Association (IDA) of the World Bank

    Group (WBG) for an amount of Seventy-Five Million United States

    Dollars (US$75,000,000.00) {supplemented by a grant amount of

    US$28,360,000.00 (to be provided through the following Grant

    Agreements: [i] GEF - US$12,756,881.00; [ii] PROGREEN - US$15,000,000.00; [iii] EGPS - US$600,000.00)} for the Ghana Landscape Restoration and Small Scale Mining Project in accordance

    with Article 181 of the 1992 Constitution of the Republic of Ghana.

    Respectfully Submitted

    Restoration and Small Scale Mining Project.

    4. 51 p.m.

    Minority Leader (Mr Haruna

    Iddrisu): Mr Speaker, I have read the

    Motion and have perused the Report

    of the Hon Chairman of the

    Committee. Therefore, even before

    the Motion is seconded for you to

    proceed, there is a constitutional

    procedural issue that must be

    addressed. With your permission, I

    would refer you to article 181 of the

    1992 Constitution and further refer

    you to page 6 of the Committee's Report. Before we proceed, the Hon

    Chairman would have to provide us

    with particulars so we would know

    what this House is doing.

    Mr Speaker, article 181 (1)

    mandates Parliament to approve loan

    agreements, and I would crave your

    indulgence to quote:

    “Parliament may, by a resolution supported by the votes of a

    majority of all the members of

    Parliament, authorise the

    Government to enter into an

    agreement for the granting of a

    loan...”

    Mr Speaker, when you read page 5

    of the Report, there is no stated

    amount of the loan. I just see terms

    captured on page 6. Now, we need to

    know the loan amount we are

    approving and the terms and

    conditions of the loan amount

    pursuant to article 181 (1) of the

    Constitution. This is because the Hon

    Chairman's Report just states an amount of US$75,000,000.00 on page

    1 and then, it further states a grant

    amount of US$28,360,000.00. This

    House has no obligations with regards

    to the approval of grants.

    Mr Speaker, so, we need clarity

    before you allow this Motion to be

    seconded. Other than that, as it stands,

    it does not satisfy the minimum

    constitutional requirement. What are

    we approving? What loan amount are

    we approving and under what terms

    and conditions? I have read to the last

    page of the Report and there is no

    amount stated. Therefore, if that

    clarity can be provided then we can

    proceed further for the Motion to be

    seconded other than that, we would

    not be satisfying what is expected of

    us as a House.

    Mr Speaker, I thank you.
    Mr Speaker 4:41 p.m.
    Hon Members,
    Standing Order 81 says:
    “Unless otherwise provided in these Orders, every
    motion unless made at the
    Second Reading or
    Consideration Stage of a
    Bill, must be seconded, and
    if not seconded shall not be
    debated or entered in the
    Votes and Proceedings.”
    Standing Order 86 (6) also says:

    Restoration and Small Scale Mining Project.

    “A mover of a motion or amendment may speak in

    support of it but no further

    debate shall be allowed

    until the motion or

    amendment has been

    seconded.

    These are the two Standing Orders

    to be considered. Now, we would

    need someone to second the Motion

    first before we move to the second

    stage.

    Yes, Hon Member?

    Mr Cassiel Ato Baah Forson

    (NDC - Ajumako/Enyan/Essiam): Mr Speaker, I beg to second the

    Motion, and in doing so, I would

    crave the indulgence of the House to

    amend “Table 1” to add a column for loan amount to mean that the loan

    amount is US$75,000,000.00 to

    satisfy the minimum requirement

    under article 181 of the Constitution.

    Mr Speaker, in doing so,

    let me also say that —
    Mr Speaker 4:41 p.m.
    Hon
    Member, let me first cross
    check with the Hon
    Chairman of the Committee
    whether the amendment you
    are proposing is in order and
    whether he accepts it, then
    we can move on.
    Mr Kwarteng 4:41 p.m.
    Mr
    Speaker, the amendment is
    in order.
    Indeed, the Hon
    Minority Leader was right.
    Traditionally, in addition to
    stating it in the introduction
    Mr Speaker 4:41 p.m.
    What did
    you say? Traditionally?
    Mr Kwarteng 4:41 p.m.
    Mr
    Speaker, I said traditionally
    — normally
    Mr Speaker 4:41 p.m.
    Which
    Mr Kwarteng 4:41 p.m.
    Mr Speaker,
    normally, in addition to stating it in
    the introduction and also on the
    cover, when it come to the terms, we
    repeat the information and that was
    what the Hon Minority Leader
    referred to. Therefore, he was right,
    and I also agree to the Hon Ranking
    Member's amendment.
    Mr Speaker 4:41 p.m.
    Good!
    Hon Members, the Motion has
    been moved; it is now being
    seconded, and an amendment has also
    been made and accepted. So, kindly
    correct your records to reflect the
    amendments that have just been
    made, and then the seconder would
    have to continue with his
    secondment. Has the Hon Member
    finished seconding the Motion? Let
    me hear from him because the
    Standing Orders are specific, unless

    Restoration and Small Scale Mining Project.

    he reserves a right to come back. Has

    the Hon Member reserved that right?
    Mr Forson 4:41 p.m.
    Mr Speaker, the
    Hon Minority Leader has yielded to
    me. He has agreed that I continue,
    so, I would do so.
    Mr Speaker 4:41 p.m.
    All right.
    Mr Forson 5:01 p.m.
    Mr Speaker, it is
    important for us to know that the
    Committee's work is to look at the terms and conditions of this loan. In
    fact, the loan is a World Bank loan. It
    is a standard IDA loan where we have
    a 30-year term made up of five years
    grace period and 25 years repayment
    period. There is a service charge of
    1.57 per cent and interest payment of
    1.37 per cent. The grant element is
    18.85 per cent, which falls short of a
    minimum concessionary loan. For the
    record, even though it is a World
    Bank standard loan for middle
    income countries, it is important for
    us to know that it is not a
    concessionary loan, but indeed, it is
    one of the cheapest loans that we have
    contracted this year.
    Mr Speaker, again, let me say
    that I do support the terms of the
    loan, but my only concern has to do
    with the fact that in the last six
    weeks, we have been made to
    consider loans amounting to almost
    US$1 billion —[Interruption]— and that is a major concern to me. I
    believe that if one is in a ditch, the
    first thing one should do is to stop
    digging, but unfortunately, our Hon
    brothers on the Majority Side are
    still digging. If care is not taken, we
    would dig and dig and swim in debt.
    That is my concern.
    Mr Speaker, I would like to say
    that inasmuch as the terms are good,
    it does not mean that every single
    loan must go through. We should be
    mindful of the debt everhung
    situation that we find ourselves in. I
    would not stop talking about debt
    because where the country is going is
    dangerous, and we should be mindful
    of this debt situation, which has
    become an overhung for all of us.
    Mr Speaker, I thank you.
    Question proposed.

    Minister for Health (Mr Kwaku

    Agyeman-Manu): Mr Speaker, I

    would have been signalled and I

    would want to withdraw from the

    contribution.
    Mr Speaker 5:01 p.m.
    Yes, Hon Minority
    Leader.
    Majority Leader (Mr Haruna
    Iddrisu): Mr Speaker, I would like to
    speak on the Motion and to associate
    myself with the legitimate issue
    raised by the Hon Ranking Member
    of Finance, Mr Cassiel Ato Forson
    and to serve notice that next year, if
    this Side of the House does not even

    Restoration and Small Scale Mining Project.

    support a Motion - we think that there must be a borrowing ceiling for

    Government. We cannot go

    borrowing every other day and every

    other time. Therefore, we would

    tolerate and accommodate

    Government to the end of 2021, but in

    2022, we would compel Government

    with limitations on what and how

    much it can borrow and for what

    purpose — [interruption]— Mr Speaker, they want to hear more

    Mr Speaker, they are on proper

    notice that even agreements that come

    to this House unaccompanied by

    value for money audit report and tax

    exemptions would not have

    favourable support from us so they

    should do due diligence in the coming

    years. They have overborrowed.

    When in opposition — [interruption] — mo ano to wit your mouth — [laughter]—Mr Speaker, like the Dr Ato Forson said, their mouths did not

    help them. They bastardised

    borrowing, but today, they are even

    borrowing to fight galamsey.

    Mr Speaker, in my earlier

    submission, I relied on article 181 (3)

    and (4) of the 1992 Constitution when

    I referred to the table on page 6 so the

    Clerks-at-the-table should take note. I

    still think that we should distinguish

    between the loan and the grant so that

    we know what Parliament is doing.

    Mr Speaker, may I refer you to

    page 8 of the Committee's Report - Contingent Emergency Component.

    There is something wrong with the

    English there: “these cost do not include”. Hon Chairman of the Committee, this is not proper English.

    Mr Speaker, how much is the

    contingent emergency response

    component? We need to know. I have

    seen some figure there, and the Report

    says “The project is expected to end on 30th September, 2027”. We need to know the proper amount designated

    for that purpose.

    Then Mr Speaker, when you come

    to “Component 2: Enhanced Governance in Support of Sustainable

    ASM”, do we really need mining for enhanced governance? We have all

    the laws, institutions and structures in

    Ghana, so probably next time, the

    Ministry of Lands and Natural

    Resources and the Ministry of

    Finance must negotiate better on

    where to direct these funds. Why?

    They are not supposed to come and

    teach us governance. All we know is

    that we have failed in our quest to

    fight galamsey. Is that not why they

    are bringing in loans to help them

    fight it?

    Mr Speaker, if you go further into

    page 4 of the Report, you would read

    “The effects of environmentally destructive mining practices …” They must report to this House the impact

    of small scale mining. The President

    and your good self in an effort to fight

    it have not been successful. They

    should report to us that they have not

    be successful. [Interruption] I drove

    Restoration and Small Scale Mining Project.

    past one of the water bodies with the

    Hon Deputy Leader on our way to

    Jomoro. We saw the colour of the

    water, and we know that the impact is

    huge and, therefore, we should know

    where we direct the money.

    Mr Speaker, again on page 3, the

    Committee should note the English.

    What English is this: “Given the critical role of natural resources to

    sustained economic development …”

    Mr Speaker, our expert on

    Finance, Hon Ato Forson, says that it

    is not a concessionary loan but it is

    cheap. What I find significant, and I

    would want to conclude with is that

    we are told on page 8 that two

    Ministries - the Ministry of Environment, Science, Technology

    and Innovation and the Ministry of

    Lands and Natural Resources - I take it that there would be a coordinating

    committee of the two Ministries. Is

    there a Ministry called “Ministry of Environment, Science, Technology

    and Innovation”? Is that the name of the Nana Addo Dankwa Akufo-

    Addo's Ministry?

    Mr Speaker, what we find

    justifiable on page 8 is the GH₵60.28 million. The Report reads:

    “This component seeks to link improved food production and

    ecological integrity through

    investment in production and

    forest landscape ...”

    What food do we intend to

    produce? We should know next time.

    With these words, I support the

    Motion.

    Deputy Majority Leader (Mr

    Alexander Afenyo-Markin): Mr

    Speaker, thank you for the

    opportunity to add my voice in

    support of this Motion.

    I have heard the concerns of the

    Hon Minority Leader regarding

    borrowing, that as a nation, we should

    not be borrowing over and over again.

    Mr Speaker, he may be right; perhaps,

    he is right in saying so, and I agree

    with him that we should not be

    borrowing. That is why his Side

    should support efforts at generating

    revenue from within, especially, the

    E-Levy - [Interruption] -

    Mr Speaker, they publicly agreed

    to the principle and the policy of the

    E-levy, and later chickened out by

    saying they do not support it. If we

    stop borrowing, the alternative is to

    raise revenue from within, and he has

    made a national call: a very patriotic

    call coming from the Hon Minority

    Leader and I support it. So I agree that

    going into 2022, we should look at

    ways of generating revenue from

    within to support the private sector.

    Mr Speaker, the unemployment

    situation is getting out of hand, and

    that is what led to the decision to

    Restoration and Small Scale Mining Project.

    introduce the YouStart: the youth of

    Ghana getting opportunity to grow

    business in the private sector. Doing

    so will require generating revenue,

    and not going to borrow to finance the

    private sector. I agree, but he must act

    in good faith.

    The Minority must support

    Government to introduce this E-Levy

    which would give us at least GH₵6.9 billion to help the road sector, because

    everybody complains about the roads

    and we should not borrow to fix them.

    We should not borrow to finance the

    private sector. If he says we should

    not borrow, I agree, but he must

    support the alternative: raising money

    from within so that all of us can get a

    little from the country and not go out

    to borrow.

    Mr Speaker, having said these, I

    would want to thank you for the

    opportunity and thank the Hon

    Minority Leader for telling Ghanaians

    that borrowing is not the way to go,

    but generating revenue from within is

    the way to go to help this country.
    Mr Speaker 5:01 p.m.
    Hon Members, any
    guidance as to how many
    contributions from each Side of the
    House so that we can give ourselves
    some time limit?
    7. 11 p. m.
    Mr Haruna Iddrisu 5:01 p.m.
    Mr Speaker,
    the Hon Deputy Majority Leader is
    attributing words to me, which by any
    search, including the verbatim report
    of the Hansard would vindicate me
    that I only said that there must be a
    limit to borrowing. Beyond that, I did
    not make any comments. If the Hon
    Deputy Majority Leader wants to
    stand by his thinking, then, let him
    stand alone with it but not attribute it
    to me.
    Mr Afenyo-Markin 5:01 p.m.
    Mr Speaker,
    the statement he made, by parity of
    reasoning - Mr Speaker, we all know that Government has two main
    sources of getting revenue: we either
    borrow or we raise revenue from
    within -
    Mr Speaker 5:01 p.m.
    Hon Deputy
    Majority Leader, could you kindly
    move on?
    Mr Afenyo-Markin 5:01 p.m.
    Mr Speaker,
    we are moving on but I dare say that
    - Mr Speaker, since you came, this is the first time I am having my bite so
    kindly allow me. The Hon Minority
    Leader should not be running away
    from his own reasoning. He said we
    should not borrow; there must be a
    limit. If so, what then is the
    alternative? The alternative is to raise
    revenue from within. These are your -
    [Interruption] -
    Mr Speaker, the Hon Members of
    the Minority are not democrats. They

    Restoration and Small Scale Mining Project.

    do not want to allow me to make my

    point. They have to sit down and

    allow the debate to flow. This is

    between two Hon Leaders; the

    Backbenchers must allow us.

    Mr Speaker, I rest my case.
    Mr Speaker 5:01 p.m.
    All right. Hon
    Minister for Lands and Natural
    Resources, you can kindly speak.
    Minister for Lands and Natural
    Resources (Mr Samuel A. Jinapor):
    Mr Speaker, I would like to thank the
    House for the consideration and in so
    doing, assure the Hon Minority
    Leader that this financial arrangement
    and intervention seeks to deal with
    some of the concerns he raised: they
    are matters to deal with governance
    when it comes to small scale mining.
    This is exactly what this is intended to
    deal with.
    Mr Speaker, just for the records, I
    would also like to point out that the
    issues of governance do not relate to
    the laws per se. It relates to the whole
    gamut of measures which are required
    to regulate the small-scale mining
    sector; the inspectorate division of the
    Minerals Commission, the various
    interventions we have to make to
    ensure that this sector is regularised.
    Mr Speaker, finally, I would want
    to also state, for the records, that one
    of the key objectives of this
    Programmes, as captured at page 4 of
    the Report of the Committee,
    specifically at paragraph 6. I would
    read it out,
    “This is the provision of incentives to attract private
    investors into sustainable
    exploration of unexploited
    mineral resources,
    especially in the Upper
    West, Upper East, Northern
    Regions and other parts of
    the country.”
    Mr Speaker, so if this Motion is
    approved by this House, Government
    is going to spend good money to
    explore for minerals in the Upper
    West, Upper East and Northern
    regions and the Hon Deputy Majority
    Leader knows that that would be of
    great concern to all of us.
    Mr Speaker, with these words, I
    would like to thank the House and call
    on the House to approve this Motion.
    Mr Speaker 5:01 p.m.
    Hon Members, this
    is a facility under Article 181 (3). The
    Hon Chairman of the Committee, do
    not always forget to include the Loans
    Act. It is important because it is under
    Article181 (3), which is different
    from Article 181 (1).
    Hon Members, at the conclusion
    of debate, I will put the Question.

    Restoration and Small Scale Mining Project.

    Question put and Motion agreed

    to.
    Mr Afenyo-Markin 5:01 p.m.
    Mr Speaker,
    we may proceed to take the item
    numbered 16 - Resolutions. - [Pause] -
    Mr Speaker 5:01 p.m.
    Hon Members, we
    will move on to item numbered 13 - Resolution. Hon Minster for Finance,
    you may take the Resolution.
    Mrs Osei-Asare 5:01 p.m.
    Mr Speaker—
    Mr Speaker 5:01 p.m.
    Hon Member, are
    you now the Minister for Finance?
    Mr Afenyo-Markin 5:01 p.m.
    Mr Speaker,
    with respect, if you would be pleased,
    the Minister for Finance is
    unavoidably absent. May you
    graciously grant me leave for the Hon
    Deputy Minister for Finance to
    proceed with the Resolution on his
    behalf.
    Mr Speaker 5:01 p.m.
    Yes, Hon Deputy
    Minister for Finance.
    RESOLUTIONS 5:01 p.m.

    WHEREAS 5:01 p.m.

    PROGREEN - 5:01 p.m.

    THIS HONOURABLE HOUSE 5:01 p.m.

    HEREBY RESOLVES AS 5:01 p.m.

    Mr Speaker 5:01 p.m.
    Hon Members, Mr
    First Deputy Speaker to take the
    Chair.
    Mr Afenyo-Markin 5:01 p.m.
    Mr Speaker,
    with respect, if you would be pleased,
    shall we move to the item numbered
    52 - Motion.
    Mr Speaker 5:01 p.m.
    Hon Member, I will
    not be pleased. I was given the
    information that after the Resolution
    we would move on to Statements.
    There are some two short Statements
    that I think should be made. Then we
    can continue.
    Mr Afenyo-Markin 5:01 p.m.
    Mr Speaker,
    knowing that that is why I applied
    by—
    Mr Speaker 5:01 p.m.
    Hon Deputy
    Majority Leader, I said I would not be
    pleased. Let us take the Statement and
    then, we come back to that. We would
    do it.
    Very well. Hon Members, we
    would now move to Statements; the
    first one stands in the name of Mr
    Yaw Gomado, Member of Parliament
    for Akan Constituency.
    Hon Member, you may now
    present your Statement.
    5:19 - [MR FIRST DEPUTY
    STATEMENTS 5:21 p.m.

    Mr Yaw Gomado (NDC-Akan) 5:21 p.m.
    Thank you very much, Mr Speaker,
    for giving me the opportunity to make
    this important statement on Cabotage.
    Maritime Cabotage is the legal
    regulation of commercial shipping
    operation within a nation's territorial
    waters exclusively. Cabotage laws
    and regulations however, set out the
    reservation of coastal trade for a
    nation's citizens, as the preamble of
    the draft bill aptly puts it “AN ACT to restrict the use of foreign vessels in
    local trade in order to promote the
    development of indigenous tonnage
    and establish a Cabotage Vessel
    Financing Fund, and for related
    matters".
    Mr Speaker, while the local
    content is under the petroleum
    commission and tailored to the oil
    and gas industry, the maritime
    cabotage deals with coastal trade and
    inland waters. With the cabotage
    under the implementation of Ghana
    Maritime Authority, the national
    regulator of maritime related issues,
    including the certification of
    seafarers; allocating seafarers to
    maritime and offshore jobs would not
    be a challenge as they are in a better
    position to know the level of manning
    available, according to their records.
    Mr Speaker, Cabotage is one of
    the various protectionist policies
    adopted by a State in the protection of
    its domestic fleet in the carriage of
    cargoes within its coastal waters.
    Most Cabotage laws restrict trade to
    vessels flying the country's flags,
    manning of the vessels is also carried
    out by nationals of the States whose
    flag the vessels fly. Historically,
    cabotage restrictions were justified by
    the need to preserve security for local
    maritime industries. From this point
    of view, cabotage restrictions aim at
    ensuring that local shipping
    companies carry locally generated
    cargo to protect local waterways and
    ensure strategic deliveries and
    shipments.

    Mr Speaker, there are so many

    vessels engaged in coastal trade,

    serving the oil and gas industry and

    other maritime purposes. The

    discovery of oil and gas by Ghana in

    commercial quantities in the deep

    water offshore areas led to a boom in

    offshore activities, thereby providing

    employment opportunities for

    Ghanaian Seafarers in the offshore

    fleet. Due to the delay in the passage

    of the maritime cabotage bill, jobs

    that should be the preserve of

    Ghanaians are being undertaken by

    foreigners thus worsening the

    unemployment situation in the

    country. Nigeria passed their

    Cabotage law in 2004, and this led to

    high employment rate of Nigerian

    nationals in their coastal shipping

    sector including the offshore oil and

    gas sector, and also increased the

    acquisition of ships by Nigerians.

    Currently, in Nigeria, only the Master

    (Captain) and Chief Engineer can be

    foreigners on Nigerian flagged

    vessels subject to non-availability of

    Nigerians to fill such high positions.

    Therefore, the Nigerian offshore

    industry is almost closed to foreign

    crew.

    Mr Speaker, over the years, the

    shipping industry in Ghana has been

    dominated by foreign operators who

    by their huge capital and

    sophisticated technology, among

    others, have taken the chunk of these

    coastal activities, fishing, offshore

    support services, tanker operations

    and general shipping all inclusive.

    The impact therefore, is a big chasm

    between the local and foreign

    frontiers in the Ghanaian shipping

    industry leading to severe loss of

    revenue and job opportunities to the

    state and citizens. For example, if we

    have for instance forty offshore

    support vessels operating in the

    country with about twenty- six (26)

    crew members each, that will amount

    to 1,040 jobs at any given time or at

    least 2,080 jobs annually considering

    routine crew changes. On the

    average, wages paid to these

    seafarers amounts to about USD

    4,000, 000.00 annually and currently

    this is paid to foreigners onboard

    foreign vessels operating in our

    waters. Have we considered what this

    money could have done to the

    economy if it was to be paid to our

    own seafarers? Although

    competition, they say is the catalyst

    for development, the claim is true

    only when the competing ground is

    free and fair. As it were, we need to

    give Ghanaians a chance to own

    vessels and for Ghanaian seafarers to

    work freely in Ghanaian waters,

    thereby budding local capacity and

    paving the way for competition on

    the international market in future.

    The passage and operationalization

    of the cabotage law will give impetus

    to the local content law to achieve

    'this objective.

    Mr Speaker, other matters

    affecting Ghanaian sea fearers is that,

    they are paid far lower wages than

    expatriates with the same rank

    performing the same tasks with the

    claim that the foreigners are more

    competent whereas this is not the

    case. The Regional Maritime

    University over the years has trained

    lots of qualified personnel who are

    Master Mariners, Chief Engineers,

    Marine Electrical/Electronic

    Engineers like myself who have

    worked onboard various ocean-going

    vessels and offshore vessels

    worldwide for over twenty years. Mr

    Speaker it is worth noting that a

    member of this house, the MP for

    Tema East is the son of a

    distinguished female captain of the

    sea made in Ghana.

    Mr Speaker, the Regional

    Maritime University is equipped with

    the necessary resources to provide

    the necessary expertise for the

    maritime industry. The then Ghana

    Nautical College was established in

    1958 by Dr. Kwame Nkrumah to

    train marine officers to man vessels

    of the National carrier, Black Star

    Line. The college was regionalized in

    1983 as Regional Maritime Academy

    serving Ghana, The Gambia,

    Cameroon, Sierra Leone and Liberia.

    The Academy attained University

    status in 2007 and now called the

    Regional Maritime University.

    Mr Speaker, following the

    demise of the erstwhile State

    Shipping Corporation also known.as

    the Black Star Line, there has been no

    other national commercial shipping

    line. Hence, Ghanaian seafarers have to

    look for work opportunities outside

    the shores of the country which is

    becoming ever difficult due to the

    passage of Cabotage Laws in most of

    these ship owning countries some of

    which include; Nigeria, Malaysia,

    Angola, Australia, Brazil, Equatorial

    Guinea, Singapore, Iran, Germany

    and Hong Kong. The Black Star Line

    used to train and employ most of the

    cadets that were produced by the

    College but today, these cadets come

    out of school with BSc in Marine

    Engineering or Nautical Science but

    no foreign vessel is willing to take

    them on and provide them with the

    necessary training to groom them

    into proficient marine officers

    thereby making it difficult for them to

    get contracts to work on vessels. The

    Black Star Line vessels had a 100 per

    cent crew being products of the

    Ghana Nautical College.

    Mr Speaker, the passage of the

    Cabotage Bill will thus alleviate the

    plight of the Ghanaian seafarer in no

    small measure. The law will lead to

    acquisition of vessels by Ghanaians

    using the Cabotage Vessel Financing

    Fund thus increasing indigenous

    tonnage as envisaged by the law. It

    will also set out a lot of opportunities

    for Ghanaians to provide services to

    the marine industry. Another important

    motivation for cabotage restriction 1s

    the fact that it will help in

    maintaining national merchant fleets.

    Mr Speaker, it is often argued that

    maintaining a national fleet

    contribute to reduce the adverse

    impact of freight expenditures on the

    balance of payments. Secondly, it can

    contribute to economic growth and

    social wellbeing by developing local

    capacity in several segments of the

    maritime transport value chain,

    particularly shipbuilding and repair,

    ship ownership, registration,

    operation and seafarer employments.

    Mr Speaker, the profits generated

    from the oil fields are shared among

    the various partners after full cost

    recovery. Exploration and production

    cost, charter of vessels, crew wages

    and staff salaries, as well as all other

    associated costs are taken off, and out

    of the profit that they set aside, the

    government of Ghana carried interest

    of (9-10) per cent is paid.

    Mr Speaker, when the cabotage

    bill is passed, Ghanaians would be

    tasked to provide services to the

    maritime and offshore sectors and this

    would encourage revenue retention

    within the country, stopping capital

    flight and maintaining the country's

    forex reserves, boosting the country's

    economy, increasing per capita

    income and improving standards of

    living. It will also grant employment

    opportunities to seafarers, build

    Ghanaian capacity in ship owning,

    broaden local shipping and maritime

    Agencies which will further form the

    bases for future large-scale

    international trade among others.

    Mr Speaker, in conclusion, I

    appeal to the Transport Minister to

    follow up on the Draft Bill in order

    that, it will be laid before this august

    house.

    Thank you, Mr Speaker, for the

    opportunity.
    Mr First Deputy Speaker 5:41 p.m.
    Very
    well.
    There is another Statement on the
    60th Anniversary of Ghana-Mexico
    Diplomatic Relations by the Ghana-
    Mexico Parliamentary Association to
    be read by the Hon Member for South
    Dayi.
    60th Anniversary of Ghana-
    Mexico Diplomatic Relations
    by the Ghana-Mexico
    Parliamentary Association
    Mr Rockson-Nelson E. K.
    Dafeamekpor (NDC - South Dayi): Mr Speaker, I thank you for the
    opportunity to make this brief
    Statement to commemorate the 60th
    Anniversary with regard to the
    diplomatic relationship between
    Ghana and Mexico.
    Mr Speaker, the Ghana-Mexico
    Parliamentary Association wishes to
    congratulate the 60-year long-
    standing diplomatic relation that has
    existed between Ghana and Mexico.

    Ghana and Mexico share rich

    history born out of historic

    experiences. Ghana obtained its

    independence from the United

    Kingdom in March of 1957,

    becoming the first African nation to

    gain its independence from colonial

    domination. The nation became a

    Republic in July 1960 and by 8th

    August, 1961 Mexico became the first

    country in Latin America to recognise

    and establish diplomatic relations

    with Ghana.

    The beautiful history has it that in

    1960, Mexican President Adolfo

    López Mateos sent a presidential

    delegation with a Goodwill Message

    to Ghana, led by Special Envoy

    Alejandro Carrillo Marcor. In 1965,

    Mexico officially opened its Embassy

    in Accra. Ghana followed suit by

    opening an Embassy in Mexico City,

    Mexico. This made Ghana the first

    African country to open an Embassy

    in Mexico ostensibly to protect

    citizens, build both trade and human

    relations and to facilitate travels of

    citizens from and to both countries.

    Since the establishment of bilateral

    diplomatic relations between the two

    countries, conscious efforts have been

    made to grow and nurture the

    relationship to inure to the benefit of

    both countries.

    Notwithstanding the fact that both

    countries closed their diplomatic

    missions sometime along the line,

    with Mexico reopening its Embassy

    office in Accra in 2014, the resolve to

    continue the bilateral dialogue

    remains unshaken. The two countries

    have consistently built a steady,

    prosperous, and constructive

    foundation for a strong relationship

    over the last six decades. By June

    2020, following the re-opening of the

    Mexico Embassy in Ghana, 10

    business missions, made up of six

    from Mexico to Ghana and four from

    Ghana to Mexico, took place. The two

    countries have over the years

    improved on trade contacts as well as

    human relations in a tremendous way.

    As the two countries reflect on the

    significance of this relations that

    existed over the past decades, the

    Ghana-Mexico Parliamentary

    Association extends its warm

    congratulations to the two countries

    for sustaining a long-standing

    friendship. The common historic lines

    that exists must continue to guide

    both countries to define efforts at

    improving on the lives of people

    living in both countries. As Mexico

    has been declared by the World

    Tourism Organisation (WTO), as the

    eighth world main tourist destination

    in 2016, it is equally worthy of note

    that Ghana continues to remain a

    preferred and hospitable destination

    for tourism in Sub-Saharan Africa.

    We wish to further charge both

    countries to explore further avenues

    that would strengthen the relations of

    both countries, increase trade, and

    increase the benefits that accrue

    therefrom in the interest of citizens.

    The efforts aimed at facilitating

    academic exchanges, scholarships,

    research and technical collaboration

    would go a long way to deepen the

    already warm relations of the two

    countries.

    Mr Speaker, I thank you for the

    opportunity.

    Mr Samuel Okudzeto Ablakwa

    (NDC - North Tongu): Mr Speaker, I thank you for the opportunity to

    contribute to the Statement which has

    been ably made by my respected Hon

    Colleague.

    Mr Speaker, this Statement

    celebrates 60 years of bilateral

    diplomatic relations between Ghana

    and Mexico. We share a rich history

    and as the Statement has chronicled,

    Mexico was the first Latin-American

    country to recognise Ghana's independence and to open diplomatic

    ties with Ghana of which Ghana

    reciprocated shortly thereafter.

    Unfortunately, both countries have

    had quite a difficult economic history

    in the 1970s and the 1980s. In the

    1980s, Mexico cut down on its

    diplomatic missions across the world

    and unfortunately, Ghana was to

    suffer from that policy decision. We

    also decided to close our Mission in

    Mexico.

    Mr Speaker, however, as the

    Statement has aptly captured, there is

    renewed birth and strengthening of

    the bond of historical and ancestral

    friendship that exist between the two

    countries and so, in 2014, Mexico

    reopened its Mission in Accra. The

    2022 programme of activities for the

    Ministry of Foreign Affairs and

    Regional Integration has quite an

    ambitious agenda to open three

    Missions in the ensuing year, all

    things being equal, if they are able to

    raise the needed financial support,

    particularly, from the Ministry of

    Finance. It is gladdening to note that

    Mexico is one of those three

    countries. The second country is

    Trinidad and Tobago and the third

    one would be a consulate general to

    be situated in Houston, Texas. So, it

    is good to note that Ghana also seeks

    to reciprocate to open its doors once

    again to our Mexican brothers and

    sisters.

    Mr Speaker, as we consider how to

    re-enter the diplomatic arena in

    Mexico, perhaps, we could learn from

    what Mexico did when they re-

    established diplomatic ties in Accra.

    They worked together as Pacific

    Alliance countries and pooled

    resources and established their

    diplomatic relation in one location.

    So, the Pacific Alliance was made up

    of Mexico, Peru, Columbia, and

    Chili; they are within the same

    premises in Accra and they share

    resources, reception, management

    services et cetera, which is very

    economical. These are perhaps the

    only countries that are doing this and

    it is quite novel, beautiful and saves a

    lot of resources. So, we could also

    learn from that as we consider re-

    establishing diplomatic ties in these

    dire economic situations that we find

    ourselves and we do not need to

    launch into Mexico with a full

    mission or a very extravagant edifice

    that would further incur more cost.

    We already pay about GH¢7.5

    million in rent alone because we do

    not own properties in the 60 Missions

    that we have abroad. We may want to

    learn from the example of the Pacific

    Alliance pooling resources within

    Economic Community of West

    African States (ECOWAS) countries

    and African Union (AU) countries

    that are already well established in

    Mexico and that would really help us.

    Mr Speaker, I also noted that trade

    between Ghana and Mexico has

    increased. In 2018, the trade volumes

    were about US$16.1million. We are

    shipping our cocoa and textiles to

    Mexico. It appears very popular.

    They have a lot of need and interest in

    our cocoa products. They use it for all

    kinds of Mexican cuisines and so

    there is really that potential if we are

    to re-establish ties.

    Mr Speaker, I must commend our

    Hon Ministers for Foreign Affairs

    from the era of Hon Mumuni all the

    way to Hon Shirley Ayorkor

    Botchwey who have kept very close

    touch with their counterparts and they

    have had reciprocal meetings. That

    goes to emphasise how solid the

    relations are. I also note that from the

    records, the Former Deputy Minister

    for Foreign Affairs and Regional

    Integration, Hon Owiredu,

    represented the President at the

    swearing-in ceremony of President

    Andres Manuel Lopez Obrador when

    he was inaugurated into office a

    couple of years ago.

    Mr Speaker, the Parliamentary

    Friendship Association's Statement is very much in order. It is timely and

    we can only wish Ghana and Mexico

    a very fruitful relations. We have very

    historic ties with Latin-Americans

    and the history of slave trade teaches

    us that a lot of our compatriots were

    sent to Latin America, Mexico and

    Brazil. So even with their food and

    culture, we see a lot of African

    flavour, particularly, West African

    and Ghanaian flavours. Do not be

    surprised to eat meals that look like

    waakye, shito and kenkey when you

    travel to that part of the world. So, we

    are really one people, we have a

    common heritage and we have a

    common destiny and we need to close

    our ranks and ties and work together

    to advance the cause of our nations

    and become fully developed nations

    like the other parts of the world. So, I

    commend Hon Rockson for drawing

    our attention to this very auspicious

    occasion. Sixty years of very

    successful bilateral relations between

    Ghana and Mexico. May we see

    another 60 years of strong economic

    ties, total liberations and a fair and

    just world that would help us attain

    the dreams of our forefathers.

    Mr Speaker, I thank you for the

    opportunity.
    Mr First Deputy Speaker 5:41 p.m.
    Very
    well, that brings us to the end of
    Statements time.
    Yes, Hon Majority Leader, what is
    next? [Interruption] -
    Hon Member, did you intend to
    contribute to the - [Interruption] - Very well.
    Yes?
    Mr Isaac Ashai Odamtten (NDC - Tema East) 5:41 p.m.
    Mr Speaker, I thank you
    for the opportunity to contribute to the
    Statement made by Hon Member for
    Akan Constituency, the Hon Yao
    Gomado on the need for a Cabotage
    Law for the country.
    Mr Speaker, in Tema today, we
    boast of the Maritime University that is
    engaged in training maritime staff
    across the West African Coast. We also
    have the Shipyard which is the biggest
    in West Africa for the maintenance of
    ships within the West African Coast
    and, in the not too distant past, we also
    had the national ship line, the Black
    Star Line. These offered job
    opportunities for the young ones in
    Tema but today, we have a sad
    spectacle in Tema where young men
    and women who are willing and able to
    work both in the offshore oil and gas
    industry and the ship line now
    struggling for employment.
    Mr Speaker, I am well aware that
    the Cabotage Law of 2017, has been
    hanging in this Parliament for a long
    while. I would want to call attention
    to this and ask the Honourable House
    to take steps to pass the law to ensure
    that the benefits that would accrue to
    our young ones in Ghana with the
    discovery of oil and gas are taken
    now. It is a sad story that we continue
    to import foreigners to come and
    work in our country. Jobs that
    ordinary Ghanaians could actually
    undertake, in some cases, we bring
    people from the Asian Region to
    undertake ordinary painting.
    Mr Speaker, I believe that the ship
    yard which has been in existence for
    a very long while with practical
    training - I have personally done internship at the ship yard before and
    I know we have the facility and
    people have been engaged for years
    and have acquired rich experience to
    undertake some of these activities.
    This will ensure that the hard earned
    foreign currencies stay in our country.
    I say this because when we look at the
    number of vessels plying our coast
    and in the Ghanaian Waters, if we
    pass this law and ensure that
    abled and willing young men
    who have undergone training
    from the Maritime University - some short courses, others two
    years courses - could have the

    space to earn a living in our

    waters.

    Mr Speaker, may I urge this

    House to speedily look at the

    Cabotage Law of 2017, and

    pass same so that the numerous

    youth in Tema, especially Tema

    East, who are looking for jobs

    would also find space in the oil

    and gas as well as the trawling

    and other industrial fisheries

    within the West African
    Mr First Deputy Speaker 5:41 p.m.
    Very well, that brings us to the
    end of Statements time.
    Yes, Hon Majority Leader?
    Mr Habib Iddrisu 5:41 p.m.
    Mr
    Speaker, at the Commencement
    of Public Business, we would
    take item numbered 52, Motion,
    on page 40.
    Mr Speaker, with your leave,
    could the Hon Deputy Minister
    for Finance take that on behalf
    of the substantive Minister.
    Mr First Deputy Speaker 5:41 p.m.
    Yes, Hon Deputy Minority
    Leader, do you have any
    objections to the application?
    Mr James K. Avedzi 5:41 p.m.
    Mr
    Speaker, we are waiting for the
    Electronic Transfer Levy Bill ,
    2021 Report and what he is
    referring to in item numbered
    52 is about the Third Reading.
    All right, we could allow the
    Third Reading because it is just
    a bowing.
    Mr Speaker, we can have the
    Third Reading and then go for
    the Electronic Transfer Levy
    Bill, 2021.
    Mr First Deputy Speaker 5:41 p.m.
    Very well , Hon Members, item
    numbered 52, Motion, on
    today's Order Paper on page
    40.
    Hon Deputy Minister? - [Interruption] -
    Yes, Hon Member?
    BILLS - THIRD 5:51 p.m.

    READING 5:51 p.m.

    Mr First Deputy Speaker 5:51 p.m.
    Yes, Hon Member .
    Mr Habib Iddrisu 5:51 p.m.
    Mr Speaker,
    we move to page 40 and take item
    numbered 53.
    Mr First Deputy Speaker 5:51 p.m.
    Very
    well.
    Item numbered 53 - Income Tax (Amendment) (No. 2) Bill, 2021.
    Mr Habib Iddrisu 5:51 p.m.
    Mr Speaker, I
    would like to seek your leave for the
    Hon Deputy Minister for Finance to
    do that.
    Mr First Deputy Speaker 5:51 p.m.
    The
    Hon Second Deputy Speaker to take
    the Chair.
    Yes, Hon Deputy Minister.
    5.52 p.m. - [MR SECOND
    DEPUTY SPEAKER IN THE 5:51 p.m.

    BILLS - SECOND READING 5:51 p.m.

    Mr Second Deputy Speaker 5:51 p.m.
    Yes, Hon Deputy Minority Leader?
    Deputy Minority Leader (Mr
    John Klutse Avedzi): Mr Speaker,
    the Motion was moved and seconded
    and you said it was — if it is moved and seconded, then we should debate
    but we have not. That is what I want
    to draw your attention to. It is for
    consideration, yes.
    Mr Second Deputy Speaker 5:51 p.m.
    Hon Members, let him come back. It
    is now for the consideration of the
    House.

    Yes, Hon Deputy Minority

    Leader?
    Mr Avedzi 5:51 p.m.
    Mr Speaker, we are
    handicapped. We do not have the
    Report and so we cannot debate the
    Motion. I have been calling for a
    Report. Does the Hon Majority
    Leader have the Report? I would like
    to see it. That is not the Report; he is
    showing a different one.
    Mr Kyei-Mensah-Bonsu 5:51 p.m.
    Mr
    Speaker, with respect, so that my Hon
    Colleague does not give any wrong
    impression, this Report was
    distributed last week. The fact that he
    does not have it here does not mean
    that it has not been distributed and
    Mr Second Deputy Speaker 5:51 p.m.
    May I hear the Hon Chairman of the
    Committee?
    Chairman of the Committee (Mr
    Kwaku Agyeman Kwarteng): Mr
    Speaker, thank you. I understand that
    the Motion has been supported but
    with your leave I would like to present
    your Committee's Report.
    Mr Second Deputy Speaker 5:51 p.m.
    Very well. So, you may present the
    Committee's Report.
    Mr Kwarteng 5:51 p.m.
    1.0 Introduction
    The Income Tax (Amendment) (No. 2) Bill, 2021 was presented to
    Parliament by the Hon. Deputy Minister, Mrs. Abena Osei-Asare on
    behalf of the Minister for Finance Mr Ken Ofori-Atta and read for the
    first time on Friday, 10th December, 20121 in accordance with Article
    174(1) of the 1992 Constitution.
    The Bill was referred to the Finance Committee for consideration and
    report in accordance with Order 169 of the Standing Orders of the
    House.
    Pursuant to the referral, the Committee met with the Hon. Deputy
    Minister for Finance, Mrs. Abena Osei Asare, Officials from the
    Ministry of Finance, Attorney-General's Department and the Ghana Revenue Authority (GRA) and considered the referral.
    The Committee is grateful to the Hon. Deputy Minister and officials for
    the assistance.
    2.0 Reference
    The Committee referred to the following additional documents during
    its deliberations:
    • The 1992 Constitution of Ghana.
    • The Standing Orders of the Parliament of Ghana.
    • The Ghana Revenue Authority Act, 2009 (Act 791)
    • Income Tax Amendment Act, 2019 (Act 1007)
    3.0 Background
    The recent increases in wages have made minimum wage levels partly
    taxable under the existing income tax regime. The situation has exerted tax
    burden on people in lower income brackets which was not intended by the
    legislation. In keeping with Government's commitment to lighten the tax
    burden of wage earners at the lower levels of the wage ladder, the bill

    intends to expand the tax-free band to cover the minimum wage levels in

    the Country.

    Current reports from the Minerals Commission indicate that the mining

    industry of Ghana accounts for five per cent (5%) of the country's Gross

    Domestic Product with minerals making up over thirty-seven per cent (37%)

    of total exports of which gold contributes over ninety per cent

    (90%). The Minerals Commission further reports that small scale mining

    contributed forty-three per cent (43%) of total gold production in 2018,

    thirty- six per cent (36%) in 2019, thirty per cent (30%) in 2020 and almost

    100% of diamond production in 2020. However, reports for 2021 from the

    Minerals Commission, showed a decrease in production to approximately

    four and a half per cent (4.5%) of the total gold production as at the end of

    September.

    While some of the formal small-scale operators are registered with the

    Ghana Revenue Authority to file and pay taxes, most of them do not file and

    pay taxes. To correct this trend, the Income Tax Act, 2015 (Act 896)

    imposed a withholding tax on payments for unprocessed precious minerals

    in the country. This was later reduced in 2016 to the current three per cent.

    There have however been challenges with the implementation of the policy

    by the buyers because they claim the sellers of the minerals refuse to accept

    the withholding of the tax leading to diversion of the gold to other

    jurisdictions which are purported to pay lower tax rates. To reverse this

    trend Government has decided to reduce the withholding tax to one and a

    half per cent (1.50%) and work with the Association of Small Scale Miners

    to monitor the collection of the withholding tax.

    Finally the amendment seeks to raise the upper limit on the turnover of the

    Modified Taxation System which was introduced in 2015 from the current

    two hundred thousand Ghana Cedi to five hundred thousand Ghana Cedis

    per annum.

    4.0 Purpose of the Bill

    The purpose of the Bill is to:

    a. review the rates of income tax for individuals;

    b. reduce the withholding tax rate for sale of unprocessed gold by small scale miners from three per cent (3%) to one and a half per

    cent (1.50%); and

    c. increase the threshold for the presumptive tax on turnover under the Modified Taxation Scheme from two hundred thousand Ghana

    Cedis to five hundred thousand Ghana Cedis, and extend the

    Coronavirus Disease (COVID-19) concessions granted in 2021 for

    further six months in 2022.

    5.0 Provision of the Bill

    The Income Tax (Amendment) (No.2) Bill, 2021 amends the First,

    Second and the Sixth Schedules of Act 896 to review the rates of income

    tax for individuals, reduce the withholding tax rate on unprocessed gold

    by small scale miners and to increase the threshold for presumptive tax

    on turnover and to extend the COVID-19 concession for a further 9

    months. The Bill is divided in three (3) clauses as follow:

    Clause 1 reviews the personal income tax rate for individuals and

    provides for a withholding tax rate of one and a half per cent for the sale

    of unprocessed gold by small scale miners;

    Clause 2 sets the threshold for the presumptive tax on turnover under

    the Modified Taxation Scheme at five hundred thousand Ghana Cedis;

    and

    Clause 3 extends the COVID-19 concessions granted in 2021 for

    further six months in 2022.

    6.0 Observations

    6.1 Purpose of the Amendment

    The Committee noted that the increase in the minimum wage has

    unintentionally pushed income earners in the lower bracket into the tax

    net contrary to government policy of not taxing minimum wage.

    In response to this, the Government has adjusted the tax brackets to

    make the first GH¢4,350 of every income nontaxable. The Committee

    was informed that the adjustment in the chargeable income brackets will

    bring much relief, not only to persons in the lower bracket, but also to

    the middle levels where most tax payers belong. The implementation of

    the adjusted tax bracket will however place marginal responsibility on

    persons with annual income exceeding GH¢240,000 who will pay about

    GH¢24 more than they are presently paying.

    6.2 Reduction in Gold Smuggling

    The Committee noted that the implementation of the amendment which

    seek to reduce the withholding tax rate on unprocessed precious

    minerals from the present 3 per cent to one and a half per cent will

    reduce smuggling of precious minerals out of the Country. The

    Committee was informed that, Ghana's neighboring countries charge between a half (0.5) per cent to one (1) per cent withholding tax on the

    sale of precious minerals. Therefore, while some neighbouring

    countries are recording higher volumes of gold import from Ghana, the

    Minerals Commission is reporting far less volumes of precious

    minerals. Meanwhile small scale mining activities continue to intensify.

    These developments together with intelligence suggest high rates of

    smuggling among dealers in an attempt to take advantage of the lower

    tax rates in these neighboring countries.

    It is therefore to reverse this trend that the government seeks to reduce

    the withholding tax on unprocessed minerals from small scale mining

    activities to make it unattractive for the smugglers.

    The Committee while welcoming the move by Government also noted

    that, the proposed rate remain higher in Ghana compared to what

    pertains in the sub-region. The reduction alone by itself may not

    discourage the smuggling activities of the dealers. The Committee,

    therefore, urges the Ministry of Finance to collaborate with other state

    agencies including immigration, National Security, amongst others, to

    help bring more small scale miners into the tax net and also combat the

    smuggling activities.

    6.3 Fiscal Impact

    The Committee was informed that the aim of the Bill is to reduce tax

    burden on lower income earners, expand the tax net and to also extend

    the upper limit of the presumptive tax. It was further, revealed that the

    proposed amendment forms part of measures outlined in the 2021

    Budget Statement and Economic Policy of Government aimed at

    expanding the tax net and a bringing relief to households and

    businesses. The expected yield from the amendment is as follows:

    Item Estimated Impact

    Review of Personal Income Tax Rates - (GH¢220,590,000)

    Withholding Tax on unprocessed Minerals Free - GH¢34,000,000

    Presumptive Tax - GH¢86,000,000

    Net Effect ………………………………. . -…GH¢100,590,000

    The Minister explained to the Committee that the expected revenue

    shortfall which is driven solely by the reduction in personal income

    taxes will be set-off by the ongoing exercise to expand and widen the

    tax net.

    7.0 Amendments Proposed

    The Committee proposed the following amendment to the Bill

    i. Long Title - Amendment proposed

    (a) In line 2 of the Long Title, after “individual” insert “;”

    (b) In line 3 of the Long Title, after “miners” insert “;”

    (c) In line 4 of the Long Title, after “applies” insert “;”

    ii. Clause 1- First Schedule of Act 870 amended - Amendment proposed - In the head note, after “Act” delete “896”and insert

    “896”.

    iii. Clause 2- Second Schedule of Act 870 amended - Amendment proposed - In line 1, delete the number “1” and insert the number “3”.

    8.0 Conclusion

    The Committee has thoroughly examined the Bill and is convinced

    that the proposed amendments are necessary to among others;

    a. Relieve tax burden on income earners at the lower band;

    b. Reduce the withholding tax rate on the sale of unprocessed gold to reduce smuggling;

    c. Increase the threshold for the presumptive tax on turnover under the Modified Taxation Scheme to five hundred thousand Ghana Cedis

    so as to expand the net; and

    d. extend the COVID-19 concessions granted in 2021 for further six months in 2022 to give further relieve to industry.

    In view of the positive impact of the proposed amendment on tax burden

    on individuals and businesses, the Committee recommends to the House

    to adopt this report and pass the Income Tax (Amendment) (No. 2) Bill,

    2021 in accordance with Article 106 (13) of the Constitution and Order

    119 of the Standing Orders of the House.

    Respectfully submitted

    Ranking Member of the

    Committee (Mr Cassiel Ato Baah

    Forson): Mr Speaker, thank you for

    the opportunity to also contribute to

    the Motion that was moved by the

    Hon Deputy Minister for Finance. In

    doing so, let me say that I was

    amazed to know that the

    presumptive tax as introduced by the

    Income Tax Act, 2015 had never

    been implemented.

    At the Committee, we were

    informed that since 2015, the

    presumptive tax that is meant to give

    the ordinary Ghanaian engaging in

    petty trading the opportunity to pay

    a tax at a reduced rate of 6 per cent

    has not been implemented. We were

    subsequently informed that they

    intend to increase the threshold in

    line with inflation and to implement

    it.

    Mr Speaker, this is one of the

    steps that I believe would help

    encourage the ordinary Ghanaian

    contribute their widow's might towards national development. To

    the extent that they are not paying

    full extent of corporate income tax

    or income tax, they have been

    advised to pay the presumptive tax

    rate of 6 per cent which I believe is

    a step in the right direction.

    Mr Speaker, it is not a new law.

    It is something that has been in

    existence since the year 2015. What

    they seek to do here is to adjust the

    threshold in line with inflation since

    the year 2015, and to implement the

    policy.

    With these few words, I beg to

    support the Motion.
    Mr Second Deputy Speaker 5:51 p.m.
    Yes, Hon Member for Okaikwei
    Central.
    Vice Chairperson of the
    Committee (Mr Patrick Yaw
    Boamah): Mr Speaker, I beg to add
    my voice to the Motion and ask that
    this House adopts the Reports of the
    Committee.
    It would interest you to know that
    countries within the sub-region and
    the reports we get with regard to
    unprocessed gold does not conform
    to the reports that our Government
    has.
    Mr Speaker, you would be
    surprised to know that governments
    would be reporting US$5 billion of
    processed gold or the price of metals
    in their countries but we would be
    reporting about a billion. It stems
    from the fact that the withholding
    tax of three per cent encouraged
    those within the small scale industry
    to smuggle the gold through other
    means. Government therefore has
    decided in consultation with the
    small scale gold miners -
    Mr Speaker, let me read the last
    but one paragraph: “to quell this trend, Government has decided to
    reduce the withholding tax to one
    and a half per cent. Government
    therefore had to consult the
    Association of Small Scale Miners
    to monitor the collection of the
    withholding tax.”
    Mr Speaker, I think this is a
    laudable achievement on
    government to stem that tide and I
    add my voice to this Report and ask
    the House to support the Motion.
    I thank you.
    Mr Second Deputy Speaker 6:01 p.m.
    Yes, Hon Deputy Minority Leader?
    Mr James K. Avedzi (NDC - Ketu North) 6:01 p.m.
    Mr Speaker, I beg to
    support the Motion and I would
    want to touch on pages 6 and 7 of the
    Report.

    Mr Speaker, the impact of this

    Bill would have a net effect of

    reducing revenue to Government by

    a little over GH₵100 million. The review of the personal income tax

    rate would reduce revenue to the

    tune of GH₵220 million but withholding tax earned on processed

    mineral fee would also contribute

    about GH₵34 million and the presumptive tax would be GH₵86 million, so the net effect is GH₵100 million.

    Mr Speaker, on page 7, the

    Committee states that the Hon

    Minister explained to the Committee

    that the expected revenue shortfall

    which is driven solely by the

    reduction in Personal Income Taxes

    would be set off by the ongoing

    exercise to expand and widen the tax

    net. The Report should have

    indicated how much the Hon

    Minister is expecting from the

    exercise which would widen and

    expand the tax net before we can

    then conveniently know that the

    shortfall of GH₵100 million can be set off by that exercise.

    Mr Speaker, about nine million

    Ghanaians are expected to pay direct

    taxes to Government. So far,

    according to the Hon Minister, about

    2.4 million or 2.8 million are paying

    taxes to the Government. This

    means that more than six million

    Ghanaians are not paying taxes; the

    taxes here are direct taxes. So more

    than six million Ghanaians are

    earning income but they are not

    paying their taxes. If the Hon

    Minister for Finance could focus

    more on how the people who are

    earning income can also pay their

    taxes to the Government, the amount

    of money that the Government

    would raise would be sufficient. If

    2.4 million Ghanaians are paying

    direct taxes - if one looks into the Budget Statement the tax on income

    would contribute to over GH₵20 billion so how much would

    additional six million Ghanaians

    pay? This means that a double of the

    amount from direct taxes can be

    realised from these income earners.

    Mr Speaker, the focus should be

    placed on how the people who earn

    income can also be brought into the

    tax net. It is very important because

    it means that over six million

    Ghanaians are earning income but

    they are not paying anything to the

    Government. I am talking about

    direct taxes that are charged on

    income either from businesses,

    investments or from employment.

    Mr Speaker, if the Hon Minister

    for Finance can focus on targeting

    these six million Ghanaians then we

    can rake in more revenue to the

    Government. That way the issue of

    E-Levy would not arise at all. Mr

    Speaker, to tax and re-tax the same

    people is the laziest way of

    collecting revenue for Government.

    The Hon Minister for Finance

    should rather direct his effort and

    energy towards how these six

    million Ghanaians who are earning

    income but are not paying taxes

    could also pay taxes to the

    Government.

    With these few words, I believe

    that we can get more revenue for

    Government if we concentrate more

    on people who earn income but do

    not pay taxes to the Government.

    Mr Speaker, I thank you.

    Question put and Motion agreed

    to.
    Mr Second Deputy Speaker 6:01 p.m.
    Hon Members, we will move to item
    numbered 54.
    Mr Habib Iddrisu 6:01 p.m.
    Mr Speaker,
    with your leave, if the Hon Deputy
    Minister for Finance could move the
    Motion.
    Mr Second Deputy Speaker 6:01 p.m.
    Hon Leader, but the Hon Minister is
    here.

    Hon Deputy Minority Leader?
    Mr Avedzi 6:01 p.m.
    Mr Speaker, we
    always allow the Hon Deputy
    Ministers to move Motions or
    conduct business on behalf of the
    substantive Hon Ministers if they
    are not present in the Chamber;
    however, the Hon Minister for
    Finance is present yet the Hon
    Deputy Minister has to move the
    Motion. We even have the Hon
    Minister of State at the Ministry of
    Finance -
    Mr Speaker, we must not allow
    this thing to happen. The Hon
    Minister is present and he must be
    allowed to do the business.
    Mr Second Deputy Speaker 6:01 p.m.
    Hon Majority Leader, let me hear
    you.
    Mr Kyei-Mensah-Bonsu 6:01 p.m.
    Mr
    Speaker, indeed the Hon Minister is
    here but we are having other
    discussions on a very serious matter.
    However, - [Interruption]-
    Mr Speaker, my difficulty in this
    House is that when the Hon Deputy
    Minority Leader rose to make a
    point, the House listened to him in
    silence. Why is it that whenever an
    Hon Leader from the Majority side
    rises we do not want to give the
    person a hearing. Where is that
    from? In any event, this is a mere
    procedural Motion that the Hon

    Deputy Minister is making. After

    this, when we come to the bigger

    picture, the Hon Minster is here to

    answer all questions. What is this?
    Mr Kwarteng 6:01 p.m.
    Mr Speaker, the
    point is that the Motion had already
    been moved and seconded. At the
    time it was seconded, I was not in
    the Chamber so when I came, I
    presented the Committee's Report and Hon Ato Forson also made
    contributions to that Motion. What
    is left now is the Consideration of
    the Bill -
    Mr Second Deputy Speaker 6:01 p.m.
    Hon Deputy Minister, you may
    move the procedural Motion.
    MOTIONS 6:01 p.m.

    Mr Annoh-Dompreh 6:11 p.m.
    Mr
    Speaker, I beg to second the Motion.
    Question put and Motion agreed
    to.
    Mr Second Deputy Speaker 6:11 p.m.
    Hon Members, we move to Income
    Tax (Amendment) (No. 2) Bill,
    2021 at the Consideration Stage.
    BILLS - CONSIDERATION 6:11 p.m.

    STAGE 6:11 p.m.

    Mr Kwarteng 6:11 p.m.
    Mr Speaker, I
    beg to move, head note, delete “870” and insert “896”.
    Mr Speaker, it is for the same
    reason.
    Question put and amendment
    agreed to.
    Clause 2 as amended ordered to
    stand part of the Bill.
    Long Title - An Act to amend the Income Tax Act, 2015 (Act 896) to
    review the rate of income tax for
    individuals, to reduce the
    withholding tax rate for sale of
    unprocessed gold and small scale
    miners, to increase the threshold for
    an individual to whom the
    presumptive tax under the Modified
    Taxation Scheme applies, to extend
    the COVID-19 concessions granted
    in 2021 for further six months in
    2022 and to provide for related
    matters.
    Mr Kwarteng 6:11 p.m.
    Mr Speaker, I
    beg to move, line 2, delete
    “individuals,” and insert “individuals;”, and in line 3, delete “miners,” and insert “miners;” and further in line 4, delete “applies,” and insert “applies;”.
    Mr Speaker, the point of this
    amendment, as was advised by the
    drafters is to make the reading of it
    easier and comprehension easier.
    Question put and amendment
    agreed to.
    Long title as amended ordered to
    stand part of the Bill.
    Mr Second Deputy Speaker 6:11 p.m.
    Hon Members, we have come to the
    end of the Consideration Stage.
    Mr Habib Iddrisu 6:11 p.m.
    Mr Speaker,
    page 41, item numbered 56. Mr
    Speaker, with your leave, the
    HonDeputy Minister for Finance
    can move the Motion.
    Mr Second Deputy Speaker 6:11 p.m.
    Hon Members, page 41, item
    numbered 56, Motion.
    Hon Minister for Finance?
    MOTIONS 6:11 p.m.

    Mr Kwaku A. Kwarteng 6:11 p.m.
    Mr
    Speaker, I beg to second the Motion.
    Question put and Motion agreed to.
    Resolved accordingly.
    BILLS - THIRD READING 6:11 p.m.

    Mr Habib Iddrisu 6:11 p.m.
    Mr Speaker,
    let me take you back to item
    numbered 6(e) (i), Presentation of
    Papers, on page 5.
    Mr Second Deputy Speaker 6:11 p.m.
    Hon Members, item numbered 6
    (e)(i) - Presentation of Papers.
    Chairman of the Committee?
    PAPERS 6:11 p.m.

    Mr Habib Iddrisu 6:11 p.m.
    Mr Speaker,
    may I take you back to page 41, item
    numbered 58.
    BILLS - SECOND READING 6:21 p.m.

    Mr Second Deputy Speaker 6:21 p.m.
    Yes, Hon Ato Forson?

    Ranking Member of the

    Committee (Mr Cassiel Ato Baah

    Forson): Mr Speaker, it has become

    like a ritual. Almost all the time,

    every single tax policy that the

    Minority Side of the House speaks

    against goes and comes back and the

    Majority Side changes their

    position.

    Mr Speaker, why do I say so? In

    the early 2017s, the Hon Minister

    for Finance appeared before us and

    said that there was the need for

    Government to exempt retailers and

    wholesalers from the entire 17.5 per

    cent, and to give them a flat rate of 3

    per cent. We on this Side of the

    House argued that the policy will in

    fact bring about non-compliance of

    the VAT regime. When a company

    which is into wholesale is exempted

    from payment of the full VAT flat

    rate, they are exempted from

    accounting to the VAT system.

    Mr Speaker, this is not the first

    time I have seen this Administration

    come back to reverse what we have

    criticised. We criticised the Luxury

    Vehicle Tax; we told them that it

    will not stand the test of time; they

    had to come back and remove it.

    When they introduced the 40 per

    cent Income Tax Rate, we criticised

    it here, but they did not listen to us;

    they went back to implement it and

    they came back to remove it. I am

    not surprised that they have come

    back again to remove this very thing

    that we criticised five years ago.

    Mr Speaker, what surprises me is

    that, they have said that as a result of

    Government's change in the accounting system which allows

    them to account for the full VAT

    rate, they would get more revenue.

    This vindicates our position that,

    that particular VAT which they

    allowed wholesalers to pay a VAT

    flat rate was rather detrimental to the

    revenue collection. I am surprised

    they keep saying that it would be

    compliant and it would support

    compliant regime. It is the opposite.

    Mr Speaker, in the same vein by

    close of today, we would criticise

    and oppose the Electronic Transfer

    Levy and I hope they listen to us.

    Otherwise, they would go back and

    it will fail and they will come back

    and remove it.

    Thank you.

    Question put and Motion agreed

    to.

    The Value Added Tax

    (Amendment) Bill, 2021

    accordingly read a Second time.

    Majority Leader (Mr Osei

    Kyei-Mensah-Bonsu): Mr Speaker,

    item numbered 59.
    Mr Second Deputy Speaker 6:21 p.m.
    Hon Members, item numbered 59 - the procedural Motion.
    Mr Second Deputy Speaker 6:21 p.m.
    Hon Members, the Value Added
    Tax (Amendment) Bill, 2021 at the
    Consideration Stage.
    BILLS - CONSIDERATION 6:21 p.m.

    STAGE 6:21 p.m.

    Mr Second Deputy Speaker 6:31 p.m.
    Hon Members, we would move on
    to the item numbered 61 - Motion.
    Yes, Minister of Finance?
    MOTIONS 6:31 p.m.

    Mr Second Deputy Speaker 6:31 p.m.
    I
    would now invite the Minister for
    Finance to move the Motion
    numbered 62.
    BILLS - THIRD READING 6:31 p.m.

    Mr Second Deputy Speaker 6:31 p.m.
    Yes, Hon Majority Leader? I need
    your guidance.
    Mr Osei Kyei-Mensah-Bonsu 6:31 p.m.
    Mr Speaker, we must be dealing
    with the item numbered 63, but
    unfortunately, the Reports are being
    printed in the printing room. The
    information I have is that they
    require about 15 minutes to get them
    ready; so, I do not know if we should
    suspend Sitting for about 20
    minutes.
    Mr Second Deputy Speaker 6:31 p.m.
    Hon Members, I would suspend the
    House for 30 minutes.
    Mr Kyei-Mensah-Bonsu 6:31 p.m.
    Mr
    Speaker, we would reconvene at
    Mr Second Deputy Speaker 7 p.m.
    Hon Members, we are coming back
    at exactly 7.00 p.m.
    6.36 p.m. — Sitting suspended.
    8.01 p.m. - Sitting resumed.
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 7 p.m.
    Hon Members, you are welcome
    back.
    Yes, Majority Leadership?
    Mr Frank Annoh-Dompreh 7 p.m.
    Mr Speaker, we go on to page 18 of
    today's Order Paper and begin with the procedural Motion - item numbered 23.
    Mr Second Deputy Speaker 7 p.m.
    Hon Members, we would take the
    item numbered 23 on page 18 - Motion by the Hon Chairman of the
    Committee
    MOTIONS 7 p.m.

    Mr Patrick Yaw Boamah 7 p.m.
    Mr
    Speaker, I beg to second the Motion.
    Mr Cassiel Ato Baah Forson 7 p.m.
    Mr Speaker, in line with our
    Standing Orders, if an Order is to be
    suspended, the Hon Chairman
    would need to explain to the House
    why he wants it suspended.
    However, the Hon Chairman failed
    to inform the House why he needed
    the Order suspended, so I would
    urge him to give the House his
    reason.
    Mr Second Deputy Speaker 7 p.m.
    Very well. Hon Chairman?
    Mr Kwarteng 7 p.m.
    Mr Speaker, I do
    not quite appreciate the issue the
    Hon Member raised against me as
    the Hon Chairman of the Committee
    who was invited to move a Motion
    under my name, which I have. I just
    do not understand what he means by
    - [Pause] -
    Mr Speaker, I have appropriately
    been educated. I request the House
    to suspend the Standing Order in
    order that we may be able to take
    this important facility as we are
    rising, so that the difficulties
    associated with the delay in projects
    like that would not materialise. Mr
    Speaker, it is for this reason that on
    the Standing Orders, I requested
    your leave to have the Order
    suspended.
    Mr Patrick Yaw Boamah 7 p.m.
    Mr
    Speaker, I rise to second the Motion.
    Question put and Motion agreed
    to.
    Resolved accordingly.
    Mr Second Deputy Speaker 7 p.m.
    Hon Member, may you move the
    substantive Motion.
    MOTIONS 7 p.m.

    Mr Second Deputy Speaker 7 p.m.
    Do you mean the entire five
    Regions?
    Mr J. A. Jinapor 7 p.m.
    It is not just
    the five; Mr Speaker, it even
    includes some other Regions, so it is
    more than five Regions.
    Mr Second Deputy Speaker 7 p.m.
    Northern, Savannah, North East -
    Mr J. A. Jinapor 7 p.m.
    Northern,
    Savannah, North East, Upper East,
    Upper West, Volta, Brong Ahafo,
    and even some parts of Ashanti
    Region, but by dint of hard work led
    by the venerable Dr Kwabena
    Donkor, Hon Emmanuel Armah-
    Kofi Buah, and my very self - [Hear! Hear!] - we were able to raise the access rate to over 70 per
    cent within that short space.
    Mr Speaker, I would not want to
    belabour the point. This is more or
    less a concessionary loan; the
    interest payment is just 0.1 per cent
    per annum; it has a 10-year grace
    period, and a repayment period of 30
    years that is inclusive of the grace
    period.
    Therefore, in line with our
    normal tradition, this qualifies for
    approval. We are not anti-
    Government, and we would not put
    the brakes on Government, but when

    On that note, Mr Speaker, I

    second the Motion.

    Northern Ghana Rural Electricity Infrastructure and Access Project
    Mr Second Deputy Speaker 8:11 p.m.
    Hon John, were you threatening us?
    Mr J. A. Jinapor 8:11 p.m.
    Mr Speaker, I
    dare not threaten you when you, in
    particular, is in the Chair. You are
    my mentor, so I am not threatening
    you at all.
    Mr Second Deputy Speaker 8:11 p.m.
    Hon Members, the Motion has been
    moved and seconded; it is for the
    consideration of the House.
    Mr Patrick Yaw Boamah (NPP
    - Okaikwei Central): Mr Speaker, indeed, this is a very important
    facility for the people of this
    country, especially those in the
    Northern part of the country. How I
    wish that the Minutes of our
    Committee meeting could be tabled
    on the Floor today.
    Mr Speaker, this facility enjoyed
    the seriousness and consensus that it
    deserves and it is not surprising that
    my Hon Brother, Mr Jinapor, has
    thrown his weight behind it and is
    wishing the country to enter up to
    the 90 per cent or 100 per cent
    penetration within the rural
    communities up north. This facility
    is very good and I commend the
    Government for taking it up. Also,
    facilities such as the Pwalugu,
    Tamale Water, the Tamale
    Interchange, and the entire Eastern
    Corridor show that the Government
    is sharing the national cake equally
    and we must support Government's programmes and ensure that we
    raise adequate revenue to undertake
    some of these projects.
    Mr Speaker, I thank you very
    much.
    Mr Second Deputy Speaker 8:11 p.m.
    Yes, Hon Member for Ho Central?
    Mr Benjamin Komla Kpodo
    (NDC - Ho Central): Mr Speaker, I
    thank you very much for the
    opportunity. I also would like to
    support the Motion to take this very
    cheap loan by all standards. We
    have noted that the Project itself
    costs about US$80 million and the
    loan is US$68 million. That means
    that there is a Counterpart Funding
    Requirement of about US$12
    million. I hope that the Government
    would make good its portion, so that
    the Project could take off smoothly
    and get concluded in good enough
    time.
    Mr Speaker, as noted earlier, the
    loan is cheap and it would relieve us
    of a lot of financial strains. We tried
    to check whether these amounts

    Northern Ghana Rural Electricity Infrastructure and Access Project

    would be un-lent to the Northern

    Electricity Distribution Company

    (NEDCo), but there were

    suggestions that since it is a Social

    Intervention Project, the

    Government should just take up all

    of it.

    Mr Speaker, there is a small

    difference as stated in the

    Memorandum between that and

    what the Government is actually

    going to pay, which is about

    US$6,000.00, but I think the Finance

    Committee would make that correction as

    soon as possible. However, as noted earlier

    today, the Hon Ranking Member of the

    Finance Committee talked about the

    country's continuous borrowing.

    Mr Speaker, my question then is, when

    would Ghana Beyond Aid also start lending

    to other nations?

    Mr Speaker, with these words, I still root

    for the money, anyway.

    Question put and Motion agreed to.
    Mr Second Deputy Speaker 8:11 p.m.
    Leadership, may I be guided?
    Mr Annoh-Dompreh 8:11 p.m.
    Mr Speaker, we
    could now move on to the item numbered 25.
    Mr Second Deputy Speaker 8:11 p.m.
    Hon
    Members, we can now move on to page 18,
    the item numbered 25 - Resolution. Hon Minister for Finance, you can kindly move
    the Resolution.
    RESOLUTIONS 8:11 p.m.

    WHEREAS 8:11 p.m.

  • [Government Agency for the EDCF]) for an amount of Sixty- Eight Million United States Dollars (US$68,000,000.0) to finance the implementation of the Northern Ghana Rural Electricity Infrastructure and Access Project .
  • THIS HONOURABLE 8:11 p.m.

    HOUSE HEREBY 8:11 p.m.

  • [Government Agency for the EDCF]) for an amount of Sixty-Eight Million United States Dollars (US$68,000,000.00) to finance the implementation of the Northern Ghana Rural Electricity Infrastructure and Access Project .
  • Mr Annoh-Dompreh 8:11 p.m.
    Mr
    Speaker, we could now move
    on to page 42 - Procedural Motion 63.
    Mr Second Deputy
    Speaker: Hon Members, we
    will now move to page 42, the
    item numbered 63 - Motion.
    Hon Minister for Finance,
    kindly move the Procedural
    Motion.
    MOTIONS 8:11 p.m.

    Mr Annoh-Dompreh 8:11 p.m.
    Mr
    Speaker, I rise to second the Motion.
    Mr Second Deputy Speaker 8:11 p.m.
    Hon Members -
    rose
    Mr Second Deputy Speaker 8:11 p.m.
    Hon Member for Bawku Central,
    you have been getting up. What is it?
    Mr Ayariga 8:31 p.m.
    Mr Speaker, I seek
    your leave to arrest the process of
    suspending Standing Order 80(1) for
    the purposes of doing away with the
    notice of 48 hours before we take the
    Second Reading of the Electronic
    Transfer Levy Bill, 2021. I do so,
    pursuant to Articles 106(13) and
    103(1) of the 1992 Constitution, and
    Standing Orders 192, 197 and 119.

    Mr Speaker, the combined effect

    of these two constitutional

    provisions and these three Standing

    Orders of Parliament make it

    inappropriate for us to suspend the

    Standing Order for this Bill to be

    taken through a Certificate of

    Urgency.

    Mr Speaker, considering Article

    106(13) of the 1992 Constitution, it

    is clear in its language on the

    procedure for taking a Bill under a

    Certificate of Urgency. With your

    permission, I quote:

    “Where it is determined by a committee of Parliament

    appointed for the purpose

    that a particular bill is of an

    urgent nature…”

    Then, the consequences which is

    the suspension of all the procedural

    requirements so that it can be taken

    under a Certificate of Urgency

    would follow. A committee

    appointed for that purpose is not the

    same as a Committee appointed

    under Article 103 of the

    Constitution for dealing with subject

    matters, that is, Standing

    Committees. There has to be a

    specific Committee appointed for

    that purpose.

    Again, Mr Speaker, if you take

    Standing Order 119, it is clear in its

    language. It says:

    “Where it is determined and certified by the appropriate

    Committee of the House

    appointed in that behalf that

    a particular Bill is of urgent

    nature, that Bill may be

    introduced without

    publication…”

    Mr Speaker, the point at which a

    Bill is determined to be of an urgent

    nature is before its introduction, but

    at the point the Hon Minister was

    laying the Bill, he did not pray this

    Parliament to consider it under a

    Certificate of Urgency, so the Bill

    was referred to a Committee as a

    non-urgent Bill. That was what

    happened. I am supported by the

    Votes and Proceedings of Thursday,

    16th December, 2021. When the Bill

    was laid, he did not indicate that he

    wanted the Bill to be considered

    under a certificate of urgency.

    Therefore, the Rt. Hon Speaker did

    not refer as one of the mandates of

    the Committee, the determination

    whether the Bill should be

    considered under a certificate of

    Urgency or not. It was when the Hon

    Minister appeared before the

    Committee that he made an

    application to the Committee to

    allow the Bill to be considered under

    a Certificate of Urgency. That

    cannot happen.

    This Parliament cannot refer a

    Bill to a Committee, give its specific

    mandate, and then at the Committee

    meeting, the Committee would vary

    its mandate and extend it to include

    the determination of whether it

    should come under a certificate of

    urgency or not. I am fortified by

    Standing Order 125. Let me read it

    for your consideration.

    Mr Speaker, let me first deal with

    Standing Order 192, which is clear

    on the mandate of a Committee. It

    reads:

    “(1) An instruction empowers a Committee to consider

    matters not otherwise

    referred to it.

    (3) An instruction to a

    Committee, extending or

    restricting the order of

    reference may be moved,

    after notice, on any day

    prior to the report of the

    Committee.”

    Therefore, when you give

    instructions to a Committee, that

    Committee must speak to its

    mandate, which is spelt out under

    Order 169, which deals with the

    Finance Committee. So, let me

    indicate what the mandate of the

    Finance Committee is. It reads:

    “The Committee on Finance shall be

    composed of twenty-five

    Members to which shall be

    referred Bills, inquiries

    and other matters relating

    to finance and the

    economy generally.”

    So, their focus is on finance and

    the economy. That is not the place to

    determine whether or not a Bill is of

    an urgent nature for which we

    should waive all the procedural

    requirements which are contained in

    the Constitution for the

    consideration of Bills. The scope of

    a Committee is also clearly stated in

    the Standing Orders. With regard to

    scope of deliberations, Standing

    Order 197 reads:

    “The deliberation of a Committee shall be

    confined to the matter

    referred to it by the House

    and any extension or

    limitations to it made by

    the House and, in case of a

    Committee on a Bill, to the

    Bill referred to it and

    relevant amendments.”

    So, the scope of a Committee is

    clear and my point is that at the time

    when he laid the Bill, he did not

    request that same be considered

    under a certificate of urgency. When

    the Bill was referred to the

    Committee, it was not given the

    mandate to consider whether or not

    the Bill should be considered under

    a certificate of urgency. So, the

    Committee cannot suo moto, on its

    own, at its meeting, arrogate to itself

    the power to make a determination

    as to the urgency or otherwise of the

    Bill, and recommend to this House

    that we should consider the Bill

    under a certificate of urgency. That

    is the first fundamental issue.

    The second fundamental issue is

    found in Standing Order 119 which

    is clear. The clarity of Standing

    Order 119 can be seen from reading

    the entire provision.

    “Where it is determined and certified by the appropriate

    Committee of the House

    appointed in that behalf that a

    particular Bill is of urgent

    nature, that Bill may be

    introduced without

    publication.”

    So, it has to be before the

    introduction.

    Mr Speaker, I have heard people

    from the other Side say that we have

    been doing this in the past, but the

    fact that we did the wrong things in

    the past does not mean that on a

    particular day, we could not do the

    right thing. The right thing is that the

    determination of urgency is done

    before the matter is referred to the

    appropriate Committee. It cannot be

    the Committee sitting and arrogating

    to itself the power to determine a

    Bill to be considered under a

    certificate of urgency.

    Mr Speaker, I rise to object to the

    consideration of the Bill under a

    certificate of urgency on the basis of

    the Standing Orders that I have

    cited. I challenge my Hon

    Colleagues on the other Side to

    prove that the combined reading of

    Article 106(13) and 103(1) of the

    Constitution, and Standing Orders

    192, 197 and 119, do not preclude

    that Committee from recommending

    to this House that we should

    consider this Bill under a certificate

    of urgency. I so challenge the Hon

    Minister who moved the Motion and

    urge this House to reject it on the

    grounds that it is a clear violation of

    the 1992 Constitution and the

    Standing Orders of this House.

    Thank you very much, Mr
    Mr Second Deputy Speaker 8:31 p.m.
    Yes, Hon Member for Okaikwei
    Central?
    Mr Patrick Yaw Boamah 8:31 p.m.
    On a
    point of order. Mr Speaker, my Hon
    Colleague from the other Side
    clearly misread the provisions of the
    Constitution and our Standing
    Orders. Let me refer him to Order
    119 which he cited, and the
    numerous provisions of our
    Standing Orders which are clearly
    inapplicable to the application
    before us.
    Mr Speaker, with your
    permission, I beg to quote Order 119
    which says:
    “Where it is determined and certified by the
    appropriate Committee of

    the House appointed in

    that behalf that a particular

    Bill is of an urgent nature,

    that Bill may be

    introduced without

    publication. Copies of the

    Bill shall be distributed to

    Members and may be

    taken through all its stages

    in one day.”

    Mr Speaker, Article 106(13) of

    the 1992 Constitution, where it is

    determined - Standing Order 119 was taken from Article 106(13).

    Mr Speaker, my Hon Colleague

    who just spoke sat in the Committee

    as a Friend to the Committee this

    morning where this issue came up

    and a vote was taken. I have with me

    the decisions of the Committee

    which do not match what he has told

    the House this evening. It is for a

    reason that the Committees of

    Parliament are supposed to file

    Minutes of the Committee meetings

    to defeat such applications by the

    stranger who was in our Committee

    meeting today.

    Mr Speaker, we have a very

    important Government business

    before us. We do not begrudge our

    Hon Colleagues for raising

    legitimate issues, but I believe that

    the application to arrest the Motion

    is unfounded; it is not grounded in

    law. My Hon Colleague cited

    inapplicable rules of the House and

    the 1992 Constitution. The Finance

    Committee which is the Committee

    that made that determination with

    our Hon Colleagues with a vote of

    13 to 12 made that decision for this

    Bill to be taken through all the

    processes as stated in the 1992

    Constitution and in our Standing

    Orders.

    Mr Speaker, I urge you not to

    entertain this mischievous

    application and allow the House and

    the Bill to take its normal course.

    Mr Speaker, I so move. [Hear!
    Mr Second Deputy Speaker 8:31 p.m.
    Hon Members, the constitutional
    provision as well as the Standing
    Order 119 is clear. It is not a
    question for the Rt Hon Speaker to
    determine that particular referral to
    be urgent. It is the Committee that
    should determine that this particular
    referral is of an urgent nature as per
    Standing Order 119, which reads:
    “Where it is determined and certified by the appropriate
    Committee of the House
    appointed that a particular
    Bill is of an urgent nature,
    that Bill may be introduced
    without publication and it
    could go through the
    process as it is.”

    Hon Member for Bawku Central,

    based on that understanding, your

    arrest can never be taken on board.

    So we will go ahead with the

    procedural Motion.

    Question put and Motion agreed

    to.
    Mr Second Deputy Speaker 8:31 p.m.
    Yes, Hon Minority Chief Whip? Let
    me hear you.
    Alhaji Muntaka 8:31 p.m.
    On a point of
    order. Mr Speaker, I respectfully
    challenge your decision on the voice
    vote and I come under Standing
    Order 113 and 114. I would like to
    call for a Division on this.
    Mr Second Deputy Speaker 8:31 p.m.
    Hon Deputy Majority Leader? Let
    me hear you.
    Mr Afenyo-Markin 8:31 p.m.
    Mr
    Speaker, it is within the Hon
    Minority Chief Whip's right to call for a Division but the application
    was rather too late in the day. He
    waited for you to finish with your
    ruling and then when we were about
    to make progress, he invoked the
    rules to frustrate Government
    Business. What he tried to do was
    not to genuinely invoke a rule for the
    purposes of ensuring fairness, but he
    invoked this rule to obstruct
    Parliament and to frustrate
    Government Business. This must
    not be countenanced. We would
    have to make progress and we
    cannot allow an application of such
    nature to frustrate Government
    business. That is what he intends to
    do.
    rose
    Mr Second Deputy Speaker 8:31 p.m.
    Hon Members, please. Do you want
    to talk again?
    Alhaji Muntaka 8:41 p.m.
    Yes, Mr
    Speaker.
    Mr Speaker, there is no order in
    this Standing Orders that is labelled
    “to frustrate Government Business”. All the rules in the Standing Orders
    are supposed to be applicable. After
    you took the decision on the voice
    vote, it is our legitimate right to
    challenge that. So we are calling for
    a division. Simply do that and that
    would settle it once and for all - [Hear! Hear!] - You would have to finish the process. It is a legitimate
    call, you are bound by the 1992
    Constitution and the Standing
    Orders of this House to adhere to it.
    We implore you to call for the
    division that we have called for.
    Mr Second Deputy Speaker 8:41 p.m.
    Hon Members, the Hon Minority
    Chief Whip has called for a division.
    Before we move into it, I would like
    to suspend the House for one hour.

    8:42 p.m. - Sitting suspended

    9:40 p.m. — Sitting resumed.
    MR FIRST DEPUTY SPEAKER
    Mr First Deputy Speaker 8:41 p.m.
    Hon
    Members, Order!
    Hon Members, before the House
    went into suspension, I was in the
    Chamber and I observed that
    Speaker ruled, the Certificate of
    Urgency was properly taken by the
    Committee. He proceeded to apply
    the need to waive Standing Order
    80(1) which appears to be
    inconsistent. Once he has ruled that
    the Bill should be taken under a
    Certificate of Urgency, it means that
    all the processes shall be done
    within 24 hours, if I understand the
    rules correctly. In that case,
    Standing Order 80(1) did not apply.
    Yes, Hon Minority Leader?
    Mr Haruna Iddrisu 8:41 p.m.
    Mr
    Speaker, I am aware that the
    Minority Chief Whip, Hon Alhaji
    Muntaka, made reference to
    Standing Order 113, calling for a
    division just as the Hon Deputy
    Majority Leader did some few days
    back. You are referencing Standing
    Order 80.
    Mr Speaker, in fact that did not
    come from the lips and mouth of
    Hon Muntaka.
    Mr First Deputy Speaker 8:41 p.m.
    Yes,
    Hon Deputy Majority Leader?
    Mr Alexander Afenyo-
    Markin: Mr Speaker, when the
    issue of whether or not the Bill could
    be considered under a Certificate of
    Urgency was determined, then the
    next step was this Standing Order
    80(1), that with respect, you are
    expressing a view on, that it would
    amount to a superfluous exercise to
    still invoke Standing Order 80(1).
    Now, Hon Muntaka
    Mohammed-Mubarak, the Minority
    Chief Whip, rose to challenge the
    said procedure under Standing
    Order 80(1), to say - [Uproar] -
    Mr Speaker, if Hon Members on
    the Minority Side - [Interruption] - All we are doing is to engage each
    other so you may hear me. Mr
    Speaker, if I am done and they
    disagree, they may rise and get your
    attention. What they are doing now
    would not help. If they disagree,
    they should take note and address
    you, Mr Speaker.

    Let us allow some level of

    decency and decorum because that

    is what we need from each other. If

    my Hon Colleagues are saying that

    we have not proceeded under

    Standing Order 80(1) and they had

    called for a division on a vote on

    Standing Order 80(1), then on what

    Standing Order were we proceeding

    on?

    Mr Speaker, if they are saying we

    were not proceeding on Standing

    Order 80(1) - I agree that you are right on all fours, that to the extent

    that as a House we are taking a

    decision that we were proceeding

    under a Certificate of Urgency,

    Standing Order 80(1), will not

    suffice. This is because we are

    proceeding and it is right to then say

    that we needed not to proceed on

    Standing Order 80(1), it is as simple

    as that. Let us allow prudence to take

    precedence for Government

    Business to continue for the people

    of Ghana. Let us demonstrate that

    we mean well for the country.

    That is why even our own rules

    say that we are the masters of our

    own rules and we can waive same.

    Let us rely on strict procedures on

    matters of substance. You may hear

    me and show me that respect as your

    Hon Colleague but not to shout. You

    may hear me - [Interruptions]-
    Mr First Deputy Speaker 8:41 p.m.
    Hon
    Members, Order! Order!
    Mr Afenyo-Markin 8:41 p.m.
    Mr
    Speaker, they may hear me - we give respect to the Hon Minority
    Leader and that is the bona fide of
    this House; to hear each other. You
    cannot be shouting, hear me! The
    essence of democracy is to listen to
    your Hon Colleague.
    Mr First Deputy Speaker 8:41 p.m.
    Yes,
    Hon Member for Bawku Central?
    Mr Ayariga Mahama (NDC - Bawku Central) 8:41 p.m.
    Mr Speaker, the
    matter was referred to a Committee,
    the Committee produced a Report.
    The Report was laid and copies
    distributed, then the Hon Minister
    sought to move for abridgement of
    time pursuant to Standing Order
    80(1). The Hon Minister sought to
    move for abridgement of time and
    we allowed him to move for the
    abridgement of time which was
    seconded. I got up and argued
    against it on the grounds that the Bill
    had not properly come before us
    under a Certificate of Urgency. That
    was my argument against his
    Motion for the abridgement of time
    which was duly seconded.
    The Speaker sought to give a
    ruling on the argument against the
    abridgement of time and ruled that
    the Committee had gone to meet and
    recommended that the Bill should be
    taken under a Certificate of
    Urgency. What he did not advert his
    mind to was the fact that we had not

    yet adopted the Report of the

    Committee. So once we had not yet

    adopted the Report of the

    Committee, he could not rely on the

    content of the Report of the

    Committee as the basis for a ruling.

    Mr Speaker, that was the

    fundamental flaw in his move, so he

    took a decision that the Committee

    whose Report this House has not yet

    adopted, has recommended that we

    take the Bill under a Certificate of

    Urgency. Then he moved and said

    he was now going to put the

    Question of the Motion moved by

    the Hon Minister to a vote and when

    he put it to a vote, Hon Muntaka then

    called for a division.

    Mr Speaker, those are the facts.

    The cameras captured it. You can

    take a short adjournment to review

    the cameras and see whether it is not

    consistent with what I have told you.
    Mr First Deputy Speaker 8:41 p.m.
    Yes,
    Hon K.T Hammond?
    Mr Kobina Tahir Hammond
    (NPP - Adansi Asokwa): Mr Speaker, I want to be fairly audible
    and I would expect that as the Hon
    Deputy Majority Leader said, we
    would quietly listen to one another.
    Mr Hammond 9:51 p.m.
    Do not worry, I
    have got a booster.
    Mr Speaker, I think we should be
    calling you by your proper name
    now since the Rt Hon Speaker was
    quite unsure what position you
    occupy when you preside.

    Mr First Deputy Speaker, we

    have got to get this thing into proper

    perspective so that we understand

    exactly what happened and what we

    are doing. At the Committee stage, a

    matter arose on the issue of

    Certificate of Urgency. The matter

    was discussed and in the end the

    Committee agreed that under the

    constitutional imperatives, and as

    ordained by our Standing Orders, it

    was right that this matter was

    brought to the House under a

    Certificate of Urgency. This is what

    was accepted and agreed on.

    Mr Speaker, we came to the

    House and Hon Mahama Ayariga

    raised this pointing citing some

    constitutional provisions to suggest

    that the issue of Certificate of

    Urgency had to be revisited on the

    floor of the House. Mr Speaker, it

    was at this stage, the Hon Second

    Deputy Speaker was presiding and

    he overruled it. He said that by the

    constitutional provisions that were

    read, which were also the same

    provisions that were read at the

    Committee meeting, the matter had

    already been settled and it does not

    have to be settled again on the floor

    of this House. It was overruled and

    we consequently moved Motion

    numbered 63, after which the issue

    about the Division came up.

    Mr Speaker, I suspect that is the

    point that your good Self is now

    raising, which is that, having dealt

    with the question of the Certificate

    of Urgency, the matter of Motion

    numbered 63, which is the

    Suspension of Standing Order 80(1)

    is now otiose, inconsequential and

    does not arise. Mr Speaker, the

    reason for this is that, by its nature,

    a Certificate of Urgency means that

    we go through the whole procedure

    today. If the argument suggested by

    the other Side is anything to go by,

    it means that we have to do it in three

    or four days, and that goes against

    the grain of the Certificate of

    Urgency.

    Mr Speaker, the point you are

    making, and rightly so, is that after

    doing this there is no need to trigger

    the Motion numbered 63, which is

    the Suspension of Standing Order

    80(1). Mr Speaker, constitutionally,

    you are correct; the matter does not

    arise and we do not need to revisit it.

    What we have to do now is to look

    at what is listed on the Order Paper

    and restart this whole procedure;

    keep it in proper Motion devoid of

    this deviating procedural Motion.

    Mr Speaker, you are right so we

    can move on from here.

    Mr Speaker, I thank you
    Alhaji Muntaka 9:51 p.m.
    Mr Speaker,
    thank you.
    Mr Speaker, I do not know what
    we are trying to do. All these
    arguments were overruled by the
    Hon Second Deputy Speaker after
    which he went ahead to put the
    Question on the Motion but that
    Question was challenged. Mr
    Speaker this is where we are. Any
    attempt to change or undo this is
    undemocratic and would be to set
    aside our rules and operate without
    rules.
    Mr Speaker, earlier in the
    morning, my Hon Colleague, Hon
    Ahmed Ibrahim, challenged that we
    did not have a Business Committee
    to determine the content of the Order
    Paper. Who did it? It was the
    Majority side who did this and
    assembled it this way. So, if they are
    facing the consequences of their
    own actions by lining up Motions - who are they blaming?
    Mr Speaker, a Question was put
    and we called for a Division. That is
    where we are, and as far as the
    Minority side is concerned, that is

    where we have to move from. If the

    Motion is lost, we can move on to

    the next stage but let us not try to

    draw each other back because that is

    where we were. The Hon Second

    Deputy Speaker had made his

    rulings, put the Question and it was

    challenged. Mr Speaker, I humbly

    call on you to continue from where

    the Hon Second Deputy Speaker had

    gotten to, where the Minority side

    called for Division. Let this be done

    so that it can determine what would

    happen next. Any attempt to side-

    step this rule or the procedure we got

    to would mean that we want to have

    our cake and eat it too. If the vote

    had been taken and adopted, they

    would not have come back to this.

    Mr Speaker, they must not try to set

    aside what has already been started.

    It is only fair that we finish it up.

    Mr Speaker, I would urge you to

    keep the harmony in the House so

    that we play according to the rules

    which is to call for the Division, so

    that we can proceed.

    Thank you, Mr Speaker.
    Mr First Deputy Speaker 9:51 p.m.
    Hon
    Dominic Ayine, please address the
    House on the issue that, having
    admitted or agreed that the matter be
    taken under a Certificate of
    Urgency, was it still appropriate to
    move for the Suspension of
    Standing Order 80(1) to abridge the
    time?
    rose
    Mr First Deputy Speaker 9:51 p.m.
    Hon
    Member, you have spoken.
    I just want to listen to the
    lawyers.
    Dr Dominic A. Ayine 9:51 p.m.
    Mr
    Speaker, thank you very much for
    the invitation. However, I would not
    deviate from what the Hon Chief
    Whip of the Minority has said on
    this matter. It seems that the
    Majority is urging you to revisit a
    decision that has been taken by the
    Speaker and Mr Speaker is still the
    same Mr Speaker. As the Hon First
    Deputy Speaker, you cannot return
    to sit in judgement over a decision
    that has been made by the Hon
    Second Deputy Speaker. It is the
    Office of the Rt Hon Speaker that
    speaks in this Parliament, and that
    speaks pursuant to the 1992
    Constitution, and in pursuant to the
    Standing Orders of Parliament. It is
    not as though we are in a situation
    where a High Court Judge is
    presiding and has been invited to
    exercise the power of review.
    Mr Speaker, in Parliament, when
    the stages of decision has been
    advanced, the Hon Speaker has to go
    in accordance with the

    constitutionally mandated

    democratic procedures of this

    House. A decision has already been

    taken and a Division has been called

    for, that is where we are

    procedurally.

    Mr Speaker, thank you very

    much.
    Mr Kyei-Mensah-Bonsu 10 p.m.
    Mr
    Speaker, the import of article
    106(13), Standing Order 125 and
    article 103 is to the effect that a
    determination is made on a Bill
    before us to determine the urgency
    of that Bill. Plenary issues were
    raised by the Hon Ayariga in respect
    of what should constitute the
    fundamentals of an urgent Bill,
    however, Mr Speaker dismissed it
    by practice and convention. Indeed,
    the very articles of the Constitution
    that he quoted would not stand any
    test and Mr Speaker ruled on that.
    Now, the burden that would once
    determine the urgency of a Bill
    imposed on us is to enable us to deal
    with the Bill within 24 hours.
    Mr Speaker, that is why Standing
    Order 80(1) is a sign post which
    states that we should wait until 48
    hours before we would come and
    deal with it.

    Mr Speaker is indicating to us

    that by accepting that that Bill is a

    Bill that should be treated under a

    Certificate of Urgency, the 48-hour

    rule does not hold. It is

    automatically waived.

    Mr Speaker, that should be - [Interruptions] - You do not need to shout. Let me finish and if you have

    anything useful, you rise to counter

    what I am saying. You do not have

    to be gesticulating. You are a

    Leader; if you have a superior

    argument, rise up and make it. Not

    shouting and gesticulating.

    Mr Speaker, the point being

    made is that now we have an

    imposition of a burden on us to

    decide on a matter within 24 hours;

    then 80 (1) is saying that we should

    wait for 48 hours. So the Speaker is

    saying that when we determined that

    it must be treated under a Certificate

    of Urgency, then the 80 (1) is not

    needed. There is an automatic

    waiver, which is legal. It should be

    tried knowledge in law to anybody.

    Mr Speaker, look at the Deputy

    Minority Leader, why is he

    gesticulating widely. If he has

    anything useful, let me sit so he

    makes his point. It is not about

    shouting. If he has a superior

    argument, he should bring it up.

    That is what is done in this House.

    Mr Speaker, one does not need to be

    a lawyer to understand law. This is

    because we fashion laws. If one has

    any discernment, he appreciates the

    substance of any law and I am

    suggesting to him that he is wrong in

    his understanding of the law in this

    regard.

    So Mr Speaker, the illumination

    that you are bringing to bare should

    be appreciated that once you say that

    now you have declared the

    Certificate of Urgency, you need to

    deal with it within 24 hours. Then

    we go to an impediment which

    suggests that we should wait for 48

    hours. What is the purpose of

    admitting that it should be treated

    under a Certificate of Urgency if

    they are saying that we should go

    back for 48 hours? So, Mr Speaker,

    you are right and I think that there

    should be that automaticity in

    waiving this and you may make a

    determination on that and we can go

    on.

    Mr Speaker, thank you very

    much.
    Mr Haruna Iddrisu 10:10 p.m.
    Mr
    Speaker, I have heard the Hon
    Majority Leader ask for superior
    legal constitutional arguments. This
    House is governed by two principal
    documents - the 1992 Constitution of Ghana and the procedure referred
    to as the Standing Orders of the
    Parliament of Ghana. Before I
    proceed even on the E-Levy, I am
    holding with me here, a document -
    Office of the President, signed by
    Nana Asante Bediatuo, Secretary to
    the President, and I am holding here
    another - Ministry of Education, Student Loan Trust Fund
    (Amendment Bill), 2021 to be laid
    in Parliament. I want to take you
    through article 106 as I understand
    it, using the document.
    In the communication signed by
    Nana Bediatuo on behalf of the
    President, the second paragraph
    reads:
    “The President has granted Executive approval for the
    amendment of the Student Loan
    Trust Fund Act 2011 (Act 820)
    and pursuant there (2) for the
    Student Loan Trust Fund
    (Amendment) Bill, 2021 to be
    laid in Parliament under a
    Certificate of Urgency”
    So, Mr Speaker, I am challenging
    the Table and challenging the
    Leader and challenging the Office of
    the President to produce the
    accompanying correspondence on
    E-Levy, where the President
    indicated that this matter be treated
    as urgency as of a Student Loan
    Trust. Let him produce it. We are
    here. This is the President's correspondence.
    Mr Speaker, interestingly and
    significantly, these two Bills were
    laid at the same material time, yet

    this was accompanied by this

    official correspondence. Then, Mr

    Speaker, his lecture on article 106.

    We would stand the challenge. I

    have with me here, unaccompanied

    by the Executive approval urging for

    urgency -

    Mr Speaker, today, to take my

    brother through context in law,

    when we take the Electronic

    Transfer Levy Bill, 2021 - First of all they told us that it is “Electronic Transactions”, now they have changed to “Electronic Transfer”. That is what they told us. However,

    Mr Speaker, when at the back of

    this, it is not gazetted. This is

    because they anticipated urgency.

    Mr Speaker, he mentioned article

    106 of the Constitution so we would

    take him through it.

    Mr Speaker, let me now refer you

    to article 106 of the Constitution,

    where he chooses and picks his rules

    of the law. It provides, and I am

    going to emphasise the 2(a) up to

    (c):

    “No Bill, other than such a Bill, as is referred to in paragraph (a)

    of article 108 of this

    Constitution, shall be introduced

    in Parliament unless -

    So, for our purposes, Mr

    Speaker, I refer you to article 108 of

    the Constitution. Paragraph (a) says:

    “Proceed upon a Bill including an amendment to a Bill, that in

    the opinion of the person

    presiding, makes provision for

    any of the following”.

    This is about the imposition of

    taxes so it satisfies 108(a) of the

    Constitution. However, the

    constitutional relevance of article

    106 of the Constitution for our

    purpose today is to ask for excuses

    because the Constitution says,

    “No Bill, other than such a Bill as is referred to in paragraph (a) of

    this article shall be introduced

    in Parliament and unless -”

    Mr Speaker, “unless” because it is accompanied by an explanatory

    memorandum. So they have

    satisfied the memorandum here,

    which would spell out what we call

    the mischief rule - the defects of why they are bringing the legislation

    and what they are seeking to do. So

    memorandum is satisfied.

    Mr Speaker, then 106 (2) (b) is

    my emphasis. It has been published

    in the Gazette at least 14 days before

    the date of its introduction in

    Parliament. So, ordinarily,

    Parliament of Ghana cannot be

    considering this E-Levy Bill

    because it would mean that they

    should have published it in the

    Gazette for 14 clear days but

    because they want Parliament to

    excuse them from meeting this

    compelling constitutional

    obligation, they have not gazetted it.

    That is the essence of 106 (13) that

    they should be forgiven that because

    this Bill is urgent, they cannot

    publish it for two weeks before

    introducing it in Parliament. That

    should be their argument. However,

    what the Hon Minority Whip did - there was a ruling and the ruling is

    that we vote and our Standing

    Orders provide that when one is not

    satisfied with the voice votes, he

    proceeds to ask for a division or a

    headcount. Nothing more. That is

    what he invoked and that is where

    we are. So let us count. Whatever

    the outcome, then we can proceed

    with other business. He is simply

    saying that he is not satisfied with

    the voice vote.

    Mr Speaker, by the way, there are

    cameras here; at the time that the

    question was put, we knew those

    who were in this Chamber. [Hear!

    We may not get the same

    outcome now, earlier than what we

    got two hours ago. At the time that

    the Hon Minority Chief Whip

    challenged it, he knew it.

    Mr Speaker, do not say you

    would school us on Article 106.

    That is why we have not asked you

    - In any case, we should have the President's letter of urgency. Why did the same President not do so for

    the Bill on the Student's Loan Trust? If there is that letter, it should be

    brought here.

    Mr Speaker, proceed from where

    we were, and then we will do

    Business. We are here; we are here

    to fight E-Levy until we kill the
    Mr First Deputy Speaker 10:10 p.m.
    Very
    well.
    Hon Members, I raised the issue
    as to whether it is consistent for an
    issue which a Committee had
    determined that it should be taken
    under a certificate of urgency to also
    undergo a determination under
    article 108 (1). I think procedurally,
    it is not right, but we have gone - Can we respect one another? - I sit
    here and when everybody talks, I
    listen; when I talk, please listen.
    Hon Members, can I have some
    Order from the front benches,
    please. [Pause] Hon Members, in
    my view, having adopted the Bill
    under a certificate of urgency, it was
    not necessary to have come under
    article 108 (1), however, we have
    gone through that and taken a vote.
    Now, the issue is the challenge of
    the Hon Second Deputy Speaker's ruling on the voice vote. So, we will
    return to that. I would want to put it

    on record that as long as this Bill

    remains on the table, we will

    discount with the need to come

    under article 108 (1) henceforth.

    Now, what had happened was

    that a Division was called for. Can

    the Table Office assist us? [Hear!

    Hear!] [Pause]
    Mr First Deputy Speaker 10:10 p.m.
    Hon
    Members, kindly let me read out the
    procedure on divisions. Standing
    Order 114 (1) reads:
    “In the case of a division, Mr Speaker shall direct that
    the lobbies be cleared, and
    upon such direction being
    given, the division bells
    shall be rung for one
    minute. After a lapse of two
    minutes from this direction
    he shall put the Question,
    and Mr Speaker shall
    declare whether in his
    opinion the Ayes or the
    Noes have it. If his opinion
    is again opposed, he shall
    announce the names of two
    Tellers for the Ayes and two
    for the Noes and shall direct
    that a division be held.”
    Hon Members, the rule is that I
    should put the Question again, after
    my ruling is challenged, then we
    would go through the Tellers again.
    Alhaji Muntaka 10:10 p.m.
    Mr Speaker,
    since we are preparing for the
    Division, as Order 114 (1) clearly
    states, the Lobby would have to be
    cleared. So all those who do not
    have votes would have to
    respectfully leave us, so that Hon
    Colleagues with vote could go
    through the Division.
    Mr First Deputy Speaker 10:20 p.m.
    Hon
    Members, because we do not have a
    division room, I am advised and the
    agreement is that we will all file out
    and then the Ayes will come to be
    counted and after that the Noes will
    come and they will also be counted.
    But let me put on record that, as
    soon as I leave the seat, I am entitled

    Order! And mid-way, when the

    Hon Second Deputy Speaker has

    voted, he will relieve me and I will

    cast my vote. Thank you.

    Hon Members, by the rules, the

    bell would be rang for one minute

    and after that I would put the

    Question again, and if it is still

    challenged, then we would go

    through the process.

    Thank you very much.

    Yes, Hon Dr Ayine?
    Dr Dominic Ayine 10:20 p.m.
    Mr Speaker,
    thank you.
    Mr Speaker, I would want to
    draw the Chair's attention to Standing Order 109(3), and with
    your indulgence, I beg to quote. It
    says:
    “A Deputy Speaker or any other Member presiding
    shall not retain his original
    vote while presiding.”
    Mr First Deputy Speaker 10:20 p.m.
    Yes,
    Hon Member, continue.
    Dr Ayine 10:20 p.m.
    Mr Speaker, at the
    Commencement of Public Business
    Mr First Deputy Speaker 10:20 p.m.
    Hon
    Members, Order! Order!
    Dr Ayine 10:20 p.m.
    At the
    Commencement of Public Business,
    there was a suspension, after which
    you as the Hon First Deputy Speaker
    took the Chair as the Hon Speaker of
    Parliament —
    Mr First Deputy Speaker 10:20 p.m.
    Hon
    Member, I did not take the Chair as
    the Rt Hon Speaker of Parliament.
    Let me be very emphatic.
    Dr Ayine 10:20 p.m.
    Mr Speaker, I am duly
    corrected for referring to you as
    having taken the seat as the Rt Hon
    Speaker. However, you took the
    Chair as the Hon First Deputy
    Speaker, and as stated in Standing
    Order 109(3), you are not entitled to
    an original vote and because you are
    not entitled to an original vote as the
    person presiding, it would be
    contrary to the practices and
    conventions of Parliament for you to
    hand over your seat and come down
    to vote.
    Mr Speaker, the reason the
    drafters of the Standing Orders as
    well as the drafters of the 1992
    Constitution did not give the person
    presiding a casting vote is because
    they wanted to prohibit a situation
    where the Hon Speaker can descend
    into the fray while presiding. So, Mr
    Speaker, I am pleading with you to
    stick to the rules of this House and
    not exercise your original voting
    right. I plead with you to respect the
    rules of this House and not cast an
    original vote in contravention of the
    Standing Orders of Parliament.
    Mr First Deputy Speaker 10:20 p.m.
    Yes,
    Hon Minister for the Interior?
    Mr Ambrose Dery 10:20 p.m.
    Mr Speaker,
    I thank you.
    Mr Speaker, the Hon Member
    read the rules and decided to ignore
    a material part. I crave your

    indulgence to quote Standing Order

    109(3) again, and it reads:

    “A Deputy Speaker or any other Member presiding shall not

    retain his original vote while

    Therefore, when he leaves the

    seat, he is entitled to vote. Period!
    Mr First Deputy Speaker 10:20 p.m.
    Hon
    Members, let us proceed. I would
    put the Question again.
    Question put and Motion agreed
    to.
    Mr First Deputy Speaker 10:20 p.m.
    Yes,
    Hon Minority Chief Whip?
    Alhaji Mohammed-Mubarak
    Muntaka: Mr Speaker, I come
    again under Standing Order 114 to
    challenge your decision on the voice
    vote and call for a division.
    Mr Speaker, I thank you.
    Mr First Deputy Speaker 10:30 p.m.
    Thank you very much. That is the
    procedure; we had to do it to get to
    the division.
    Very well.
    Yes, Hon Deputy Majority
    Leader?
    Mr Alexander K. Afenyo-
    Markin: Mr Speaker, because we
    are going into division, it is
    important to address a fundamental
    issue which has been raised to guide
    us as we go into the next stage of the
    process.
    Mr Speaker, the respected,
    learned Dr Dominic Ayine, for the
    first time in mounting an
    application, relied solely on the
    Standing Orders of this House. I
    dare contend that there is no such
    constitutional provision that denies
    an Hon Deputy Speaker of his
    original vote. I dare contend and I
    challenge him. Mr Speaker, where
    there is a Constitution which is a
    fundamental law, any Standing
    Order cannot stand in the way of the
    Constitution. So, that argument he
    made does not survive because he
    could not even quote a constitutional
    provision.

    In our 1992 Constitution, it is

    only the Rt Hon Speaker who is

    prohibited because that Speaker is

    not a Member of Parliament. You so

    heavily relied on the Standing

    Orders. Let the Hon Member quote

    an express provision in the 1992

    Constitution which says that a

    Deputy Speaker has no original

    vote.
    Mr First Deputy Speaker 10:30 p.m.
    Clerks-at-the-Table, kindly clear the
    lobbies.
    Mr Kyei-Mensah-Bonsu 10:30 p.m.
    Mr
    Speaker, I believe this is taking us

    back. Put the Question and I believe

    that we can move on. Otherwise, we

    would have to re-argue this whole

    thing again. The Question now has

    been put so let us deal with it.
    Mr First Deputy Speaker 10:30 p.m.
    No
    problem. That for me is a legal
    exercise by the lawyers, but we are
    clearing the lobbies so that we can

    Hon Members, we are starting

    with the division. All those who

    voted Aye, kindly file out, but when

    you are coming back, the Ministers

    and Deputy Ministers who are not

    Hon Members would not come back

    into the Chamber.
    Alhaji Muntaka 10:30 p.m.
    Mr Speaker,
    you have not cleared the lobby
    because we still have Hon Ministers
    who do not have votes in the midst
    of Hon Members. Secondly, Mr
    Speaker, the rule requires that we
    appoint two tellers from both Sides.
    That has not been done so we need
    Mr First Deputy Speaker 10:30 p.m.
    Hon
    Members, kindly leave the
    Chamber, and go to the other line.
    Your names would be called and

    22: 40 p. m.
    Mr First Deputy Speaker 10:30 p.m.
    Hon
    Members, you would start with
    calling out the names of the Hon
    Members, please.
    Question put and the House was
    counted.
    AYES - 10:30 p.m.

    NOES - 10:30 p.m.

    ABSTENTIONS - 10:30 p.m.

    Mr Second Deputy Speaker 10:30 p.m.
    Hon Members, let me come to
    Leadership for a direction. - [Pause] -
    Hon Members, under the
    circumstance, I will adjourn the
    House to 9:00 in the forenoon.
    ADJOURNMENT 10:30 p.m.