Hon Member, will you
resume your seat?
The Hon Member standing behind Leader-
ship should please get out!
Hon Members, as you may recall, the Hon
Member of Parliament for the Ajumako-
Enyan-Essiam Constituency, the Hon Cassiel
Ato Baah Forson, the Ranking Member of the
Committee on Finance moved a Motion, which
Motion was for the House to constitute a bi-
partisan Committee to look into
the activities of the Government with respect to
the COVID-19 expenditure. I must note that
this Motion was submitted to me, and I
admitted same within the context of Order 79
(4) of the Standing Orders of the House.
When the Hon Ato Forson was on his feet
in an attempt to Table the Motion, the Hon
Deputy Majority Leader, the Hon Alexander
Kwamena Afenyo-Markin, rose to make a
preliminary objection to the tabling of the
Motion. It was at this juncture that I asked him
to suspend his objection, wait for the Motion to
be tabled, and then he may proceed to submit
his objection.
Indeed, as is apparent on the face of the
records of proceedings, he sought clarification
on the extent of my ruling. The clarification I
provided was that, in my view, it was improper
to object to a Motion that had not even been
tabled in the first place. To that extent, he could
only object to the Motion after it had been
Tabled and before it is seconded by another
Hon Member.
Hon Members, it is my considered view that
when the notice of a motion and requirements
under Standing Order 78 and 79 have been
complied with, same must be present on the
face of the Order Paper after the Rt Hon
Speaker has made a determination on the
admissibility of the Motion.
For the avoidance of doubt, if an Hon
Member intends to file a motion, which is not
of an urgent nature and is not subject to the
exceptions under Standing Order 78, the Hon
Member must comply with the requirements of
Standing Order 79.
Out of the abundance of caution, I read
Standing Order 79(1) to (4), and it says:
“(1) All notices shall be given by being handed in at the Table when the House
is sitting, or by being transmitted to the
Office of the Clerk so as to be
receivable within the hours prescribed
for the purpose.
(2) All notices shall be signed by the
Member proposing the motion or
amendment.
(3) When a notice is received by the Clerk
later than forty-eight hours before the
commencement or the end of a
Meeting, the Clerk shall record the
date and hour of its receipt and notify
the Member.
(4) Every notice shall be submitted to Mr
Speaker who shall direct that it be
printed in its original terms or with
such amendments as he shall direct, or
that it be returned to the Member
submitting it as being inadmissible.”
These are the Standing Orders. The effect
of these provisions is that Mr Speaker is the
determinant of the admissibility of Motions
just as is the case with the admissibility of
Questions to Ministers under our Standing
Orders. Having admitted the Motion, the
Motion may now be transmitted to the Order
Paper to form part of the deliberation of the
House for the scheduled date, and this is done
through the Business Committee chaired by the
Hon Majority Leader and Leader of
Government Business.
Hon Members, the decision of the Speaker
may be challenged with respect to the
admissibility of a Motion. Therein lies the bane
of contention that undergulfs this House in
yesterday's proceedings. To provide some guidance on the appropriate procedure and
why I ruled that the Hon Deputy Majority
Leader raises his objection after the tabling of
the Motion and before its secondment, I made
reference to our Standing Orders.
Standing Order 81 is to the effect that no
Motion shall be debated and entered into the
proceedings unless it has been seconded. In
this vein, a Motion tabled and not seconded
would be struck out, and it would not enter the
Votes and Proceedings of the House. Again,
Standing Order 82 highlights the fact that once
a motion is tabled and seconded, an Hon
Member may only withdraw it with the leave
of the House. The careful gleaning of the
provisions as referred to supra would provide
a clear perspective on the effect of seconding
Motions. Once a Motion is tabled and
seconded, it ought to be debated by the House,
and it may not be withdrawn except with the
leave of the House.
Similarly, if an objection is to be levelled
against a motion so admitted by the Speaker, it
would be procedurally deficient to allow such
an objection to be raised after the Motion has
been seconded. The purpose of the objection to
the Motion is to prevent the House from
discussing or considering the Motion. The
objection goes to the root of the matter being
tabled either because it is considered irrelevant,
contentious, or unprofitable or that for any
reason, is not thought to be advisable to debate
the matter.
Therefore, when such an objection is raised
and sustained, the Motion is not captured by
the Votes and Proceedings. When it is
seconded, it must proceed to be debated, and it
would be captured by the Votes and
Proceedings. That is what the Standing Orders
say. That is why after the Motion has been
seconded, the House has a duty to debate it, and
have it entered in the Votes and Proceedings of
the House or have it withdrawn with the leave
of the House as the case may be.
With this understanding, I ruled that it
would not be correct to consider an objection
to a Motion at the point it is being moved or
tabled because, before it has been tabled,
nothing is before the House. It would therefore
also be inappropriate to consider an objection
to a Motion at that point. That was the spirit of
my ruling wherein I asked the Hon Deputy
Majority Leader to suspend his objection, and
raise it after the Motion has been tabled. I was
very clear on this.
When I was handing over to the Hon First
Deputy Speaker, that was the message you saw me transmit to him that I had ruled that the Hon Deputy Majority Leader could raise his objection to the Motion after it has been moved, but not seconded. Since some of you were talking to one another, you did not hear
the ruling, and yesterday, a different thing was said in spite of the fact that the Hon Deputy Majority Leader insisted that that was my ruling. It therefore came to me as a surprise when I learnt that Hon Members of the Minority appeared to suggest to the Hon First Deputy Speaker who was in the Chair at the time that I indicated in my ruling that objection be raised after the Motion had been seconded. The records are there; the voice can be played. That was not my ruling.
Hon Members, we must observe the rulings
of the Speaker, and not attempt to vary them to our advantage as and when it appears convenient. In sum, on this issue, and for the purposes of future deliberations, objections to Motions may be raised when the Motion has been tabled and before is been seconded. At that point, the Speaker shall make a determination as to whether or not to uphold the Motion and make a ruling thereto. This is my ruling.
Another issue that requires addressing is the
decision of the Hon First Deputy Speaker to upend my admission of the Motion, and rule that the Motion should not have been admitted in the first place. Hon Members, it is interesting to note that this is the second time the Hon First Deputy Speaker has taken the Chair, and has made a ruling which in effect was to overrule a position I had earlier on established before the House. In fact, the Hon First Deputy Speaker was in my office, and I told him what I am telling you today before he left for the airport.
The Hon First Deputy Speaker has
contended, and rightfully so, on several occasions that he is not the Speaker. I have
also, on several occasions, alluded to various areas of parliamentary practice where, when the Hon Speaker is in the Chair makes a ruling, another presiding officer may not overturn that ruling.
My former Statement on the matters arising from the Budget Statement and which is captured in paragraph 46 reads as follows, and I quote:
“Hon Members, although our Standing Orders are silent on this, many Standing Orders and Rules from several sister parliaments provide persuasive rules which suggest that when Deputy Speakers or acting Speakers are in the Chair, whatever happens in the House is that officer's responsibility and the Hon Speaker cannot be called upon to overrule it. Similarly, the reverse is also the case that when a Speaker is in the Chair, whatever happens in the House is the Speaker's responsibility and the Deputy Speaker or acting Speaker cannot be called upon to overrule it.”
That was what I read to the House that day.
The penchant of the Hon First Deputy Speaker to overrule my rulings is to say the least unconstitutional, illegal, and offensive. Be that as it may, I shall not be taking any steps to overrule the decision of the Hon First Deputy Speaker to dismiss the Motion as moved by the Hon Ranking Member of the Committee on Finance. The Deputy Speakers and I would deliberate on how to present a more coherent and uniform structure in respect of rulings so that the House is guided at all times during deliberations.
Our Standing Orders provide the procedure
for challenging the rulings of the Chair and
those aggrieved by the rulings may take the
necessary steps. The proposers of the Private
Members' Motion may thus be guided by the Standing Orders of the House to right the
wrong. I hope this is understood. And I repeat:
I hope this Statement provides the much
needed clarity on the matters of dispute that
arose yesterday, and I hope we can forge ahead
for the common good of the people who have
entrusted us with leadership and the mandate to
better their lives. The Standing Orders would
guide those who brought the Motion and the
proper thing would be done for the House to
consider the Motion.
Hon Members, please, it is not only you
Members of Parliament who discuss national
matters with me. Your Ministers, Presidents,
traditional leaders and the rest also do so
together with me, and I can tell you that the
country is not happy with our performance. We
have to up our game.
As the person with ultimate responsibility,
I reiterate that I would do so with the powers
and authority that have been conferred on me
by the 1992 Constitution and the laws of this
country. I mean what I say.
I would want to thank you all for your
attention.
Please, be focused on what we are here to
do; if you are not here and you have not heard,
ask. Do not just jump in, misquote people, and
say anything. The responsibility for admission
of a Motion is that of the Speaker and the
This is enough for today; I will come back
Votes and Proceedings and the
Official Report