Very
well.
The Hon Chairman of the Works and
Housing Committee may second and
present the Committee's Report.
Chairman of the Works and Housing
Committee (Mr Isaac Kwame Asiamah):
Mr Speaker, I beg to support the Motion
ably moved by the Hon Minister for Works
and Housing, and in so doing, I present the
Report of the Works and Housing
Committee.
Introduction
Mr Speaker, the Ghana Hydrological
Authority Bill, 2021, was laid in
Parliament on Wednesday, 27th October,
Ghana Hydrological Authority Bill, 2021
2021, and referred to the Committee on
Works and Housing for scrutiny and report
in accordance with article 103 (3) of the
1992 Constitution and Standing Orders
125 and 180 of Parliament.
Pursuant to the referral, the Committee
met with the Hon Minister for Works and
Housing, Mr Asenso Boakye; his Deputy,
Mr Abanga Abdulai; officials from the
Ministry of Works and Housing;
Hydrological Services Department; Water
Resources Commission, as well as officers
from the Attorney General's Department. The Committee was also assisted in its
deliberations by other key stakeholders
who submitted memoranda to the Bill and
appeared before the Committee to speak to
same.
The Committee is grateful to the Hon
Minister and his team and other
stakeholders for assisting the Committee in
its deliberations.
References
The Committee availed itself of the
following documents during its
deliberations:
a. The 1992 Constitution of Ghana;
b. The Standing Orders of the Parliament of Ghana;
c. The Ghana Hydrological Authority Bill, 2022; and
d. Memoranda submitted by stakeholders
Background
In 1995, the Hydrological Services
Department, an agency under the then
Ministry of Water Resources, Works and
Housing was hived off the Architectural
Engineering Service Corporation to
become a department under the Ministry of
Works and Housing. The Department
provides hydrological data and
information, and undertakes works related
to coastal engineering, sewerage, drainage
improvement, and river development
among others.
The absence of a legal framework for
the Department over the years has affected
its ability to effectively perform its
mandate. A review of the operations of the
existing Hydrological Service indicated an
urgent need for institutional renewal to
address critical, technical, organisation and
service delivery challenges. The
Department currently lacks a defined
salary structure and has no conditions of
service and mechanisms for career
progression, a situation that has resulted in
low morale and the loss of qualified
personnel to other organisations. Again,
institutions that depend on the Department
for Hydrology related information are
unable to take advantage of their services
due to the challenges associated with the
delivery of hydrological services.
Ghana Hydrological Authority Bill, 2021
It is for this reason that the Bill is
proposing the establishment of the Ghana
Hydrological Authority. It is expected that
the restructure of the Department would
position the new Authority as a highly
professional institution; responsible for
providing services such as hydrological
networks for data collection, monitoring
and evaluation of the national hydrological
network, and the collection of hydrological
data on all rivers, streams, and surface
water bodies. It is also responsible for
disseminating relevant data relating to
hydrological issues and most importantly,
providing forecasting and control for
government and private sector institutions.
Purpose of the Bill
The purpose of the Bill is to establish
the Ghana Hydrological Authority as a
state institution responsible for planning,
design, execution, operation and mainte-
nance of flood control mechanisms, coastal
engineering works, sewerage works,
drainage improvement works and river
development, operational and applied
hydrology.
Provisions of the Bill
The Bill contains a total of 41 Clauses
which are:
Clause 1 establishes the Ghana
Hydrological Authority as a body
corporate for the performance of the
functions of the Authority.
Clause 2 provides for the object of the
Authority; that is to promote and
execute the operations of hydrological
services in the country.
Clause 3 outlines the functions of the
Authority.
Clauses 4 - 11 spell out the functions of the Governing Body of the
Authority.
Clause 12 provides for the Minister's directives on matters of policy.
Clauses 13 - 19 deal with the
administrative issues of the Authority
Clause 20 provides for the
establishment of regional offices of the
Authority.
Clauses 21 - 24 make provision for financial matters of the Authority
including moneys provided by Parlia-
ment, and Fees and Charges accruing
to the Authority.
Clause 25 outlines the Standard
provision on accounts and audit,
annual report and other reports.
Clauses 26 - 31 provide for the establish-
ment of the National Hydrological
Fund including publicising and
promoting the activities of the
Authority.
Ghana Hydrological Authority Bill, 2021
Clause 32 empowers an employee
authorised by the Authority to enter
any land or premises to do any act
reasonably necessary for carrying out
the functions of the Authority.
Clause 33 makes provision for the
borrowing powers of the Authority.
Clause 34 deals with issues of
confidentiality in exercise of powers
or performance of duties.
Clauses 35 - 36 provide for the
execution of contract relating to Seal
of Authority.
Clause 37 specifies offences
committed by a body of persons.
Clause 38 makes provision for the
Minister to make regulations for the
efficient and effective implementation
of the Bill.
Clause 39 provides the interpretation
to salient words and expressions used
in the Bill.
Clause 40 provides for the dissolution
of the Hydrological Services
Department.
Clause 41 outlines the transitional
provisions of the Bill.
Observation
Legal and Administrative Framework
The Committee noted that the absence
of a legal framework over the years, the
non-existence of a defined salary structure,
and mechanisms for career progression, as
well as poor conditions of service have
resulted in the inability of the Department
to attract and retain qualified personnel,
thereby, hampering the effective operations of
the Department. Consequently, the passage of
the Ghana Hydrological Authority Bill will
provide a legal and administrative
framework that would transform the
Hydrological Services Department into an
Authority with greater autonomy over
resources, staff and activities to facilitate
effective service delivery.
Sources of Moneys of the Authority
The Committee noted that while Clause
21 of the Bill specifies the sources of
moneys of the Authority, Clause 26
provides for the establishment of the
National Hydrological Fund. The Commi-
ttee observed that no provision was made
for “seed money” to be readily accessed in
the short term, to operationalise the
activities of the Authority, under Clause 28
of the Bill.
The Committee was of the view that
some initial seed money should be provided
to facilitate the smooth implementation of
Ghana Hydrological Authority Bill, 2021
the activities of the Ghana Hydrological
Authority. Consequently, the Ministry of
Works and Housing is urged to engage the
Ministry of Finance on this matter.
The Committee also urges the Authority
when established, to explore other sources
of moneys to the National Hydrological
Fund. For instance, fines imposed for
violations relating to Hydrological offences
could serve as a source of the moneys for
the Fund.
Duplication of Work
The Committee identified an over-
lapping function of the Water Resources
Commission and the Hydrological Services
Authority. The Committee noted that
clause 3, paragraph (h) of the Bill provides
that, the Authority shall ‘establish,
organise and manage hydrological stations
for the collection of data and information
on surface and groundwater”.
It is important, however, to observe that
the Water Resources Commission Act,
1996, Act 522, and the Drilling Licence
and Groundwater Development
Regulations (2007) L.I 1827 place issues of
groundwater within the exclusive purview
of the Water Resources Commission.
Consequently, the collection of data and
management of information on
groundwater as stated in the Bill as a
function of the Authority, will lead to the
duplication of functions and thereby
impede greater financial efficiency.
In this regard, the Committee
recommends that the Authority focuses on
the collection of data and the management
of surface water (storm water and run offs
to reduce and mitigate the effect of
flooding) while the Water Resources
Commission deals with the collection of
data and the management of groundwater.
Use of the right terminology
The Committee noted that the word
“sewage” instead of “sewerage” has inadvertently been used throughout the
Bill. It is important to clarify that while
“sewage” is a waste matter that flows through sewers, “sewerage” encompasses the infrastructure that conveys sewage or
surface runoff. It is also worth noting, that
issues of sewage fall under the purview of
the Ministry of Sanitation and Water
Resources.
Governance Structure
The Committee identified that a core
function of the Authority relates to training
and the publication of research. The
Committee observed that over the years,
research and academic institutions have
collaborated extensively with the
Hydrological Services Department, by
offering training programmes and
providing equipment for monitoring and
Ghana Hydrological Authority Bill, 2021
collection of hydrological data in the
country.
The Committee noted that clause 3 of
the Bill provides that “The President shall in making appointments under paragraphs
(a) and (b) of subsection (1), have regard to
the expertise and experience of the persons
in matters related to the functions of the
Authority”. Although such provision has been made, the Committee underscored the
need for research and academic
institutions, as key stakeholders, to have
representation on the governing board to
ensure greater collaboration for the benefit
of the Authority.
Conclusion
The Committee having thoroughly
examined the Ghana Hydrological Bill,
2021, proposes the attached amendments
and recommends that the House adopts its
Report on the Ghana Hydrological
Authority Bill, 2021.
Respectfully submitted.
Appendix 1
Proposed amendments to the Ghana
Hydrological Authority Bill, 2021.
i. Clause 2 - Amendment proposed- delete and insert the
following:
“The Object of the Authority is to promote hydrological service delivery
for the planning, designing, execution,
operation and maintenance of
(a) flood control mechanisms;
(b) works related to coastal engineer- ing, sewerage, drainage improve-
ment and river development; and
(c) operational and applied hydrology, for the quantification, conserva-
tion and development of the water
resources of the country
.
ii. Clause 3 - Amendment proposed- paragraph (a) line 2 delete
“sewage engineering” and insert “sewerage”.
iii. Clause 3 -Amendment proposed- paragraph (b), line 1, delete
“hydrology” and insert “hydrolo- gical”.
iv. Clause 3 -Amendment proposed- paragraph (d) line 3 delete “sewage” and insert “sewerage”.
Consequential Amendment
Wherever, “sewage” appears in the Bill, delete and insert “sewerage”
Ghana Hydrological Authority Bill, 2021
v. Clause 3 -Amendment proposed - paragraph (g), line 2, after “surface” insert “water”.
vi. Clause 3 - Amendment proposed - paragraph (h), lines 2 and 3 after
“water” delete “and groundwater”.
vii. Clause 3 - Amendment proposed - paragraph i, Lines 2 and 3 after “outside the country” delete “and internationally”.
viii. Clause 3 - Amendment proposed - paragraph (l), Lines 1 and 2 delete “participate in local and international programmes and”
ix. Clause 3 - Amendment proposed - paragraph (m) delete
x. Clause 3 - Amendment proposed - paragraph (p) Line 1,
delete and insert “carry out”
xi. Clause 3 - Amendment proposed - paragraph (q), delete and insert the
following “ensure compliance with conventions, protocols and any other
relevant standards and recommended
practices on collection of
Hydrological data; and”
xii. Clause 4 - Amendment proposed - Sub-clause 1 paragraph (c) sub-
paragraph (ii), lines 1 and 2 delete
“Engineers” and insert “Engineering”
xiii. Clause 4 - Amendment proposed - Sub-Clause 1 Paragraph (d), delete
and insert the following: “three other persons nominated by the Minister,
one of whom is a woman”
xiv. Clause 5 - Amendment proposed - paragraph (b) delete and insert the
following:
“ensure the implementation of rules, regulations and procedures on the
collection of hydrological data and
information on surface water”.
xv. Clause 14 -Amendment proposed - Sub-Clause 3 paragraph (a), delete
and insert the following “advise the Director-General of the Ghana
Meteorological Agency as the
permanent representative of Ghana
with the World Meteorological
Organisation in the capacity of a
hydrological adviser.”
xvi. Clause 21 - Amendment proposed - paragraph (d), delete “international”
xvii. Clause 27 - Amendment proposed - add the following new paragraph after paragraph (d) “undertake
Ghana Hydrological Authority Bill, 2021
projects in pursuance of the objects of the Authority.”
xviii. Clause 28 - Amendment proposed - line 1, delete “money” and insert “moneys”
xix. Clause 28 - Amendment
proposed - add the following new paragraph after paragraph (c) “a levy that may be imposed by Parliament on hydrological services; and” delete
xx. Clause 28 - Amendment proposed
- paragraph (e) delete
xxi. Clause 28 - Amendment proposed
- paragraph (f) delete
xxii. New Clause - Amendment proposed - Add the following new clause after clause 31
“Hydrological Works”
Unauthorised drainage and sewerage
works
(1) A person shall not construct, alter, discontinue or close up any:
(a) drain;
(b) storm water drainage system; or
(c) sewerage system without the
approval in writing of the
Authority.
(2) Where a person contravenes
subsection (1), the Authority shall
serve on the person a notice requiring
the person to demolish or restore the
(a) drain;
(b) storm water drainage system; or
(c) sewerage system to the original
state within the time specified in
the notice.
(3) The Authority shall serve a notice
under subsection
(2) on the owner or occupier of the
premises through which the
(a) drain;
(b) storm water drainage system;
or
(c) sewerage system runs in
contravention of subsection (1).
Unauthorised coastal protection works
A person shall not
(a) undertake coastal protection works, projects or activities that have an
effect on the coastline without the
approval in writing of the
Authority;
(b) remove or damage any part of a sea defence structure; or
Ghana Hydrological Authority Bill, 2021
(c) win sand accreted around a sea defence structure.
Interference with hydrological equipment
A person shall not interfere with a
hydrological equipment installed for
the purposes of
(a) observing or collecting hydro- logical data or
(b) facilitating the execution of
hydrological works.”
New clause - Amendment
proposed - add the following new
clause after clause 36
“Offences and penalties”
(1) A person who
(a) undertakes unauthorised
drainage and sewerage
works in contravention of
section (…);
(b) undertakes unauthorised
coastal protection works in
contravention of section
(…); or
(c) interferes with hydrological
equipment in contravention
of section (…), commits an
offence.
(2) A person who commits an offence
under paragraph (a) of subsection
(1) is liable on summary conviction
to a fine of not less than five
hundred penalty units and not more
than one thousand penalty units or
to a term of imprisonment of not
less than one year and not more
than two years or to both.
(3) Where the offence under paragraph (a) of subsection (1) continues, the
person is liable on summary
conviction to a fine not exceeding
one hundred penalty units, for each
day during which the offence
continues.
(4) A person who commits an offence under paragraph (b) of subsection
(1) is liable on summary conviction
to a fine of not less than one
thousand penalty units and not
more than two thousand penalty
units or to a term of imprisonment
of not less than two years and not
more than four years or both.
(5) A person who commits an offence under paragraph (c) of subsection
(1) is liable on summary conviction
to a fine of not less than five
hundred penalty units and not more
than one thousand penalty units or
Ghana Hydrological Authority Bill, 2021
to a term of imprisonment of not
less than one year and not more
than two years.
Clause 38 - Amendment proposed - sub-clause 2 delete and insert the
following
“Without limiting subsection (1), the Regulation shall
(a) prescribe requirements for applied hydrological, drainage, sewerage
and coastal engineering in respect
of sectoral activities;
(b) provide for the establishment of
hydrological stations; and
(c) prescribe the enforcement of standards in the observation of
hydrological phenomena related to
the collection of data and informa-
tion on water resources”
Clause 39 - Amendment proposed - insert the following new definitions
(a) “Hydrological equipment” means “an equipment used to facilitate the execution of hydrological works”
(b) Insert a new definition after definition for “hydrological station” as follows
“Hydrological works” means “drainage, coastal protection, sewerage, opera-
tional and applied hydrology and
related works of the Authority”
(c) Delete the definition for “sewage engineering” and insert the following
“Sewerage means the infrastructure that conveys sewage or surface run-
off.”
Long Title - Amendment proposed-
line 3, delete “Mechanism” and insert “Mechanisms”