Debates of 3 Aug 2010

MR FIRST DEPUTY SPEAKER
PRAYERS

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT

Mr First Deputy Speaker
Hon Members, Correction of Votes and Proceedings of Monday, 2nd August,
2010.
Page 1...11
[Hon Maj. Derek Y. Oduro (retd) and Hon Gabriel K. Essilfie dressed in a similar costume, entered the Chamber and bowed to each other] - [Laughter]
Mr Ambrose P. Dery
Mr Speaker, I would need your guidance on a very important matter. We have just realised that two of our Hon Members have dressed in a very peculiar manner; they started from outside, Walked into the alley and normally, they should have bowed to you and then parted, they turned and bowed to each other -[Laughter] -- I do not know if there have been any amendments to the rules of the House. I would need your guidance on that. [Uproar!]
Mr Gabriel K. Essilfie
Mr Speaker, our dressing today is to show that even though we belong to different political divides, we are one. [Hear! Hear!] Therefore, today, everybody should join so that we pass the STX loan. [Laughter] We turned to bow to each other because

Maj. Derek Y. Oduro (retd.): Mr Speaker, since yesterday, the tension has been so high, so we decided that today, we will reduce the tension by dressing this way [Hear! Hear!] to come and address the STX loan in a very nice way, so that there would not be any problem. [Hear! Hear!]
Mr Dery
Mr Speaker, I believe you do not feel threatened by that? [Laughter] But I think the right thing is that, yes, we all want STX the right way.
Mr First Deputy Speaker
Hon Members, let us continue with the Correction of our Votes and Proceedings.
Page 12...14
Mr Asamoah Ofosu
Mr Speaker, on page 14, the results as recorded do not reflect the true situation. There was one abstention.
Mr First Deputy Speaker
The Table Office to take note.
Page 15...16
Mr Dery
Mr Speaker, on the copy that I have, pages 15 and 18 are blank. I do not know why.
Mr First Deputy Speaker
I have my pages.
Page 17...29-
Mr Ofosu
Mr Speaker, I think there is something more to do with pages 11 and 14. On page 1, under "The House was accordingly voted in a division as follows: Ayes --78 Noes --- 108, 79 people are said to have voted in a
Mr First Deputy Speaker
What I pronounced -- what was given to me from the Tellers ---
Mr Ofosu
But Ayes - 79 is supposed to have been -
Mr First Deputy Speaker
Hon Member, what I pronounced on is what has been captured on the Order Paper.
Mr Ofosu
Yes, Mr Speaker, you seemed to have pronounced Ayes - 79, if I heard you right yesterday. But what we have here is Ayes - 78, and even the names that are recorded are 79 names; unless somebody may have written the name and voted in another direction.
Mr First Deputy Speaker
Hon Member, the Noes were 79 at page 11.
Mr Ofosu
Very well.
Mr First Deputy Speaker
Page 31, 32 -- [Pause]
Hon Members, the Votes and Proceedings of Monday, 2nd August, 2010 as corrected be adopted as the true record of proceedings.
Hon Members, we have two Official Reports to be corrected - 22th July, 2010 and that of 23rd July, 2010. We start with that of Thursday, 22nd July, 2010.

Hon Members, in the absence of any correction, the Official Report of Thursday, 22nd July, 2010 be adopted as the true record of proceedings.

Hon Members, in the absence of any correction, the official Report of Friday, 23rd July, 2010 is hereby adopted as the true record of proceedings.

Hon Majority Leader, do you want us to take your Business Statement or We defer it?
Mr Cletus A. Avoka
Mr Speaker, I thought we could spend the next two, three minutes to take the Business Statement. So that at least, We would have concluded that matter because it has no details. If you permit me, I will present the Business Statement.
BUSINESS OF THE HOUSE

Majority Leader/Chairman of Business Committee (Mr Cletus A. Avoka)
Mr Speaker, the Business Committee met last Week and drew up the Business for the Third Meeting of this august House ending on or about Friday, 22nd October, 2010.
Mr Speaker, let me state that this is very provisional and therefore, we do not want to tie ourselves to the reopening or recall date. It is possible that having regard to the circumstances of the Business of the House, we could come earlier than the 22nd of October, 2010.
Introduction Mr Speaker, the Committee met on Thursday, 29th July, 2010 and arranged Business of the House for the First Week of the Third Meeting ending Friday, 22nd October, 2010.
Mr Speaker, the Committee accordingly submits its Report as follows
Arrangement of Business
Question(s)
Mr Speaker, Questions may be asked of various Ministers during the week. The relevant Ministers expected to respond to Questions would be informed in due course.
Statements
Mr Speaker may allow Statements duly admitted to be made in the House.
Bills, Papers and Reports
Mr Speaker, Bills may be presented to the House for consideration and those already before the House may be taken through the various stages. Papers and committee reports may also be laid.
Motions and Resolutions
Mr Speaker, Motions may be debated and their consequential Resolutions, if any, taken during the week. Outstanding Business Mr Speaker, all outstanding business of the House would be carried over to the next Meeting beginning Tuesday, 19th October, 2010. However, Hon Members with Questions which they consider to have been overtaken by events may wish to withdraw such Questions by notifying the Table Office for appropriate action.
Mr Speaker, the Business Committee Wishes to express its gratitude and appreciation to Rt. Hon Speaker and all Hon Members for their sterling performance during the Meeting. The Committee wishes that your goodself and Hon Members would return in good health to discharge Business of the House.

Conclusion

Mr Speaker, in accordance with Standing Order 160 (2), the Committee submits to this Honourable House the Business of each Sitting of the week and the order in which it shall be taken during the Week.

Questions

Statements

Laying of Papers

Motions

Committee Sittings.

Questions

Statements

Laying of Papers

Motions

Committee Sittings.

Questions

Laying of Papers

Statements

Motions

Committee Sittings.

Questions

Laying of Papers
Mrs Gifty E. Kusi
Mr Speaker, at the Business of the House Meeting on Thursday, it was agreed that there would be a Committee of the Whole meeting and it was on the Order Paper yesterday, but it has vanished.
We want to find out from the Hon Majority Leader, if his deputy briefed him, on the state of the Committee of the Whole -- because today it has vanished from the Order Paper.
Mr Abdul-Rashid Pelpuo
Mr Speaker, it was slated for yesterday. We expected to have had a meeting of the Committee
rose rose
Dr A. A. Osei
Mr Speaker, I just want to get clarification from the Hon Deputy Majority Leader. I am assuming that Leadership thought about it and planned the meeting yesterday. If as a result of our Work We could not hold it yesterday, I would expect that the reasons for having the meeting have not changed.
So, if the Hon Deputy Majority Leader asked the question -- "if Hon Members want to have it", we do not decide when to have it. We asked you the leaders to call it. You planned yesterday, so we expect that you should say that we are going to have it. The issues have not changed. So, please, I crave your indulgence that if the reasons for the meeting have not changed, then we should programme it for some time today so that Hon Members can leave this floor knowing that our Leadership has done well for us.
Dr Matthew O. Prempeh
Mr Speaker, last Friday, I was reassured by the "Acting Majority Leader" at that time, supported by the "Acting Minority Leader" at that time, that the committees' works are being hampered unnecessarily by lack of leadership; either the Hon Chairman is not there or the Hon Ranking Member is not there. And we were promised, Mr Speaker, that the Hon Majority Leader had travelled on parliamentary business and when he comes today, it will be laid.
Mr Charles S. Hodogbey
Mr Speaker, I just want to remind our Hon Leader of the House that the previous Sessions, when We came back from recess, Questions were scheduled and the people who asked the Questions were not present. I would suggest that the Business Committee should ensure that such a thing does not happen, especially, on Tuesdays when most Hon Members are not present. [Interruptions]
Mr Dery
Mr Speaker, I want to seek your guidance. It looks like we are moving from one issue to the other but We focus on one issue before we go to the next.
There was the issue of the Committee of the Whole. And as far as I know, we had scheduled it for yesterday. If it did not come on, in consonance with the rules, it should have stood adjourned till today. I am not aware of any circumstances that had occasioned its adjournment sine die or cancellation.
In the absence of any such, I would propose that we have the Committee of the Whole today. And it is essential that

we do that. Mr Speaker, if we joke next time round, Leadership would find it difficult to move this House in the right direction. So, I would suggest that we have the Committee of the Whole scheduled for today so that We can address pertinent issues to the welfare of this House.
Mr First Deputy Speaker
Hon Minister for Local Government and Rural Development, the last comment.
Mr Jospeh Y. Chireh
Mr Speaker, thank you very much.
Dr Prempeh
Mr Speaker, I want it to be recorded in the Hansard that since the Hon Member for Jirapa came to this House, a year after the by-election, he has not been placed on any committee. The Hon Minister for Local Government and Rural Development does not know. The Committee of the Whole is not a Standing or Select Committee.
Mr Speaker, I want -- [Interruptions] - Mr Speaker, before I end, I want to tell the Hon Minister for Local Government and Rural Development (Mr Yieleh Chireh) that he has been here for long, and he should have known that the Committee of the Whole is neither a Standing Committee nor a Select Committee.
Dr Francis B. Dakurah
Mr Speaker, I actually want to commend my Hon Colleague and good Friend, the Hon Member for Manhyia -
Mr First Deputy Speaker
Hon Majority Leader, there are two main issues; the Committee of the Whole and the reconstitution of the various committees so that every Hon Member of this House is on a committee.
Mr Avoka
Mr Speaker, let me say that I appreciate the concerns or the contributions made by Hon Members in respect of the Business Statement. I appreciate the fact that once we are going on a long recess, it is prudent for us to have the Committee of the Whole meeting so that we can take on board the concerns of Hon Members and work on them during the recess; if we cannot resolve them or they are not yet resolved -
As was indicated earlier by the Hon Deputy Majority Leader, we thought that yesterday's proceedings would have ended early enough for us to hold the meeting. But Mr Speaker would recall that it was with difficulty and sacrifice that we were able to take the last Motion yesterday up till seven o'clock in the night. And we appreciate that effort very much. It would have been difficult for us to ask Hon Members to continue to stay back for an hour or two meeting of the Committee of the Whole.
Against this background, I want to assure Hon Members that hopefully, we would end today's meeting, at least,

before sunset. And even if we have some few minutes, ten minutes, 15 minutes or 30 minutes or one hour, We can devote that to the meeting of the Committee of the Whole so that We can take the concerns of Hon Members before the House rises tonight.

Now, with regard to Hon Members who are floating and have not settled on particular committees, I Wish to state with regret those circumstances because by law every Hon Member of this House is entitled to, at least, a subject matter committee and a standing committee.

It is not an easy arrangement to make. But I Want to assure Hon Members that I have been in consultation or discussion with the Hon Minority Leader and we have put in place the structures that will complete the exercise, so that before we come back, at least, every Hon Member will know that he or she is represented on a committee.

I think it is one or two Hon Members who came as a result of by-election, that We have not adequately catered for. Those who are Hon Members of Parliament and have become Hon Ministers, therefore, cannot serve on other committees; we would address the situation. So, Mr Speaker, I want to plead with Hon Colleagues to bear with Leadership and that we will address the issue of the composition on the membership of committees between today and the time that we come back in October.
Mr Dery
Mr Speaker, I want to assure the Hon Majority Leader and Leader of the House that we on this side would co- operate with him. But I think We need to reiterate the point that it is not a collective leadership failure. We actually made the point the last time, that it took a
Mr Hackman Owusu-Agyemang
Mr Speaker, right from the onset of this Meeting, the issue was flagged that many a time the Business Committee does not programme its activities properly, to the extent that in the last two days, we are inundated with very important Bills and Loan Agreements and What have you and the rest. The two weeks extension, notwithstanding, we still have so many difficulties in organising our lives in this Parliament to the extent that the Deputy Majority Leader says the Committee of the Whole had to be put off because of A, B, C and that if we want -
Mr Speaker, I do not know of any Parliament House in the world Where they do not meet to discuss issues that relate to the advancement of the work of the House. I want to make that point again, Mr Speaker. This business, ordinarily, we should have gone on recess two weeks ago; we gave you another two weeks and we still have so much to do that we do not even have time to dis cuss issues that have been programmed for the whole House.
I believe that the Hon Chairman of the Business Committee would do well to

programme the work of this House so that we can also attend to equally important assignments as Members of Parliament. I think we need that and if the Majority Leader is listening, the committees should do better than they are doing now.
rose
Mr First Deputy Speaker
The Hon Member for Manhyia, what are you -
Dr Prempeh
Mr Speaker, it is very, very important because this is the law- making body of this country. Mr Speaker, it is not the duty of the Hon Majority Leader and the Minority Leader to fix members of committees. It is the business of the Committee of Selection under your Chairmanship.
Mr Speaker, I come under Order 151; so for the Majority Leader to say, "I would meet the Minority Leader", is out of place. Mr Speaker, you have to convene this meeting for the selection to be done. But more importantly, Mr Speaker, membership of the Parliamentary Service Board was approved by this House. We have not been told that since there is a new Majority Leader, we are even changing or replacing Hon Avoka as a member of the Parliamentary Service Board, but he has been attending meetings. We should not let these small, small matters just lie bad before somebody takes us on as Parliament
Mr First Deputy Speaker
Hon Member, if my memory serves me right, Hon Avoka's appointment to the Parliamentary Service Board has passed through all the Motions and approved by this House.
With regard to the very first point that you raised about the Speaker being the Chairrman/Chairperson of the Committee of Selection, the practice is that, it is the
Mr Inusah A. B. Fuseini
Mr Speaker, I rise to bring an important matter for the notice of this House on the rights on the basis of section 73 (2) of the Standing Orders of this House, which says and with your permission, I quote:
"In urgent circumstances such complaints may, with Mr Speaker's prior permission, be made at a time other than that appointed for it.
Mr Speaker, the urgency of this matter is that, we are rising today and there would not be any time to file a formal notice to you.
Mr Kyei-Mensah-Bonsu
Mr Speaker, I believe my Hon Colleague on the floor is completely out of order. You called on the Hon Majority Leader to present to this House a Business Statement for the first week after we resume. Mr Speaker, we have not even concluded on that front -
Mr First Deputy Speaker
Hon Member, I announced that "that brings us to the end of the Business Statement". I did announce.
Mr Kyei-Mensah-Bonsuz Mr Speaker, when you say, "that brings us to the end", it is up for consideration. When you say that it brings us to the end, I thought you were going to put the Question as is usually done, and we adopt it. It is still in abeyance; it has not been done and we hear somebody, an Hon Colleague saying something that is totally different from the matter before us. So once you bring it to a full closure, then perhaps, he can come by what he is saying.
Mr First Deputy Speaker
Hon. Minority Leader, do we put the Question on the Business Statement for it to be adopted? I need your help in this matter.
Mr Kyei-Mensah-Bonsu
Mr Speaker, there is always the pronouncement from the Chair that "the Business Statement is accordingly adopted -"
Mr First Deputy Speaker
Hon Minority Leader, I have done that [Interruptions] Hon Minority Leader, I did say that that was the Business Statement for the First Week of the Third Meeting of the Second Session. I made that statement; if the recordings are there, at the appropriate time, you may cross- check it or you may do so from the Hansard at the appropriate time. I did say that.
Mr Fuseini
Mr Speaker, this is a very important matter and because of its importance, I crave your indulgence -
Mr Owusu-Agyemang
Mr Speaker, I presume that you have given the Hon Member the permission to go ahead?
Mr First Deputy Speaker
I have given him permission.
Mr Fuseini
Thank you Mr Speaker for your permission.
Mr Speaker, indeed, I have since had a copy of the Writ filed at the Supreme Court of Ghana. Mr Speaker, the second defendant is your goodself, Mr Speaker. Mr Speaker, Mr James Kobina Bonfreh Jr. proceeded to the Supreme Court at the time that you were presiding to tie our hands to prevent us from considering a matter that falls squarely Within our purview, and Within our jurisdiction.
Mr Speaker, that is contempt of Parliament --
Mr First Deputy Speaker
Hon Member, which of the rules are you referring to? When an Hon Member alleges a breach, he must point out to the particular rules that have been breached.
Mr Fuseini
Mr Speaker, I am referring to Order 73 of the Standing Orders of this House. Mr Speaker, I am further referring to article 122 of the Constitution, that is headed "Contempt of Parliament" and with your permission, I quote:
"An act or omission which obstructs or impedes Parliament in the performance of its functions or which obstructs or impedes a member or officer of Parliament in the discharge of his duties, or affronts the dignity of Parliament or which tends either directly or

indirectly to produce that result, is contempt of Parliament."

Mr Speaker, what I am saying is that the filing of this writ at the Supreme Court to tie your hands, as the Hon Speaker of this House, seeking a relief to perpetually restrain you from carrying out your responsibilities, and seeking a temporarily relief from restraining this House from considering the mandate that the people of this country have elected us to perform -- [Interruptions] That act, Mr Speaker, is contempt and I crave your indulgence to refer the conduct of the culprit to the Privileges Committee.
Mr First Deputy Speaker
Hon Members, yesterday, after I had adjourned the House, my attention Was drawn to the fact that a Writ was left in Madam Speaker's Secretariat. I looked at our rules critically on the matter and I know that that is quite in breach of Standing Order 22, which says that and I quote:
"No civil or criminal process coming from any court or place out of Parliament shall be served on, or executed in relation to, Mr Speaker or a Member or the Clerk to Parliament while he is on his way to, attending at or returning from any proceedings of Parliament"-
I have noted this matter, and this morning, I met the Leadership of both sides of the House and drew their attention to the fact that the Secretariat of the Speaker's Office had drawn my attention to that writ. I am very clear in my mind that what they did is not only a breach of the procedure of this House but it also raised serious matters for the dignity of this House. [Interruptions] I have decided that - I have on my own, looked critically at the matter and held
Prof. Mike A. Oquaye
Mr Speaker,I have been standing for a long time even before anything was said.
Mr Speaker, a writ of summons to be served on an Hon Member of Parliament or Senate per se is a different matter. A writ of summons to be served on Parliament as an institution in order that a constitutional provision would be complied with, is a different matter -
Mr First Deputy Speaker
Hon Second Deputy Speaker --
Prof. Oquaye
You do not know the law -
Mr First Deputy Speaker
Hon Second Deputy Speaker, the statement I made - I will allow you to speak but I am just telling you that what I have directed on was that he was inviting me to refer the matter to the Privileges Committee and I have declined that invitation and that is all that I am saying, for now.
Pmf. Oquaye: Mr Swen the Parliament of this country is not sovereign. The Parliament of the Republic of Ghana is subject to the Constitution- -- [Hear! Hear!] Mr Speaker, we must draw a clear distinction between a sovereign Parliament that we have, for example, between 1957 and 1960 and the British Parliament on one hand and the United States Senate which is subject to the Constitution.
Prof. Oquaye
Mr Speaker, in that connection, the Parliament, in its sanction, is subject to the Constitution and it is only the Supreme Court which is given that power under article 127 following, to interpret the law and in fact, the capacity to set aside and declare unconstitutional whatever Parliament does. [Hear! Hear!]
Mr Speaker, that function, bylaw, has been well applied in the United States by way of its Supreme Court in order to ensure - [Interruption] that is the Constitution we have called for ourselves; we have adopted that Constitution. And the power of the court to determine the constitutionality, the Parliament of the Republic of Ghana cannot engage in
Mr First Deputy Speaker
Hon Second Deputy Speaker, I am very, very sorry. I am very sorry. We are not going - the Hon Member is talking about breach of privilege; we have not come to the issue of STX. I want to draw - Hon Members, the issue on the Motion on STX is another matter. When we get there -- when the arguments -
Hon Members, I do not need any letter from anybody at this stage. I know that everybody, even a first year law student knows that Parliament is subject to the Constitution of the Republic of Ghana
Therefore, it is a matter of breach of privilege and when We come to breach of privilege, we do not even debate the matter. It is for the Speaker to decide whether the matter should be referred to the Privileges Committee or not. Hon Members, let me guide you properly.
The relevant provisions of our Standing Orders are Order 27 and Order 31. If a matter of privilege is raised, there is no debate. It is borne out of my respect for you as my Hon Colleague, that is why I gave you the floor to speak.
I have not heard anybody say on the floor today that Parliament of Ghana is sovereign or Parliament of Ghana is not

subject to the Constitution of the Republic of Ghana I only referred to our Standing Orders and I said I had declined the invitation and I believe that the better way to go, as a House, is when Madam Speaker returns, so that she gets in touch with her sister, the Chief Justice, maybe, the Leadership of the House - so that as a House, these matters can be handled in a better and matured way. So that is the point and that brings this matter of privilege to a close. There is no debate at all.

Hon Members, at the Commencement of Public Business -- Laying of Papers.

Hon Majority Leader, what item?
Mr Avoka
Mr Speaker, having made that ruling, it curtails that issue as of now. So, let us go back to the Order Paper and we will tackle item 5.
Mr First Deputy Speaker
Hon Members, Laying of Papers. Item 5 (a). Item 5 (b) --
Mr Avoka
Mr Speaker, my information is that, 5 (a) and 5 (b) are not readily available, so we will do the matters in relation to the Minister for Environment, Science and Technology. So, we would do Motion number 7, on page 2 of the Order Paper.
MOTIONS

Prof. Christopher Ameyaw-Akumfi (NPP-- Techiman North)
Mr Speaker, I beg to second the Motion.
Mr Speaker, this is long overdue. I think a move made by the Ministry recently to have most of these Conventions looked at finally by Parliament, in my opinion, is in order.
Ghana has for all intents and purposes, believed in the tenets of the Convention and what we are doing here, is really to look at the amendments that would literally push all member States or State parties to put in measures for the protection against nuclear materials. It is for this reason that the Committee felt that this is a fairly straightforward matter, which needs no debate and I fully support the Report which we have all agreed to and that, this House gives approval to the amendment.
Question to proposed.
Mr Clement K. Humado (NDC - Anlo)
Mr Speaker, I thank you for the opportunity to support the Motion on the floor.
Indeed, since Ghana's Independence under the able leadership of Dr Kwame Nkrumah, Ghana embarked on the development of atomic energy on nuclear material for peaceful purposes.
Presently, Ghana's facilities in this area have expanded. We use nuclear material in the field of medicine, in the field of agriculture and in the field of industry. Even though Ghana wants to use this

nuclear material for peaceful purposes, we need to protect these facilities from falling into the hands of unscrupulous groups of people who have an agenda other than what Ghana has.

It is important that we adopt this Convention and ratify it in the House. Another benefit is that, in the event of any of our nuclear facilities getting stolen or pilfered, the International Atomic Energy Agency (IAEA) can assist Ghana to track these stolen items and recover them.

I think that the Minister for Environment, Science and Technology will have to follow up the ratification with an amendment either to the Criminal Code or a Bill based upon the model law of the LAEA, to enable Parliament also approve that Bill and that will make Ghana compliant with the tenets of the Convention

With these few comments, I support the Motion and I urge all Hon Members to do same.

Thank you.

Question put and motion agreed to.
RESOLUTION

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of the Constitution, any Treaty, Agreement, or Convention executed by or under the authority of the President in the name of
Alhaji Masoud B. Abdul-Rahman
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker
Hon Members, order! Hon Majority Leader, should we take item 6?
Mr Avoka
Mr Speaker, that is so.
Mr First Deputy Speaker
Hon) Minister for Education - They are two, there is another Motion there --- Item 9.
Report of the Committee on Environment, Science and Technology on the Convention on Nuclear Safety (1994)
Vice Chairman of the Committee (Alhaji Masoud B. Abdul-Rahman)(on behalf of Chairman of the Committee): Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Environment, Science and Technology on the Convention on Nuclear Safety (1994).
Mr Speaker, in doing so, let me present the Committee's Report.
1.0 Introduction
On Monday, 22nd March, 2010, the accession to the Convention on Nuclear Safety, (1994) was presented to Parliament by the Minister for Environment, Science and Technology, Hon Hanny Sherry Ayittey. The Rt Hon Speaker, Mrs Joyce Bamford-Addo subsequently referred the Convention to the Committee on Environment, Science and Technology for consideration and report pursuant to article '75 of the 1992 Constitution and Standing Order 185 of the House.
2.0 Deliberations
To consider the referral, the Committee met with the Chief Director of the Ministry of Environment, Science and Technology (MEST), Mr Gr K. Scott, officials of MEST and representatives from the Ghana Atomic Energy Commission (GAEC) at the invitation of the Committee.
The Committee is grateful to the Chief Director and his team for their invaluable assistance.
3.0 Reference Documents
The Committee made reference to the following documents during its deliberations:
a. The 1992 Constitution of Ghana; b. The Standing Orders of Parliament; and
Prof Christ0pherArneyaw-EAkuInfi (NPP--Techiman North)
Mr Speaker, I beg to second the Motion.
This Convention talks about safety and the obligation on Ghana is to establish a framework of national law, take legislative, regulatory and administrative another step necessary to particularly establish an independent regulatory body. This is our burden.
Mr Speaker, I believe that Ghana, like most countries, look for safety in terms of nuclear materials. As my Colleague did indicate, whether we like it or not, modernity has forced us to make use of nuclear materials in all spheres. It is therefore, important -that we take measures to ensure our own safety. Domesticating such Conventions is always a step which is left unattended to and this Convention is going to force all of us to come up with such regulatory measures.
On this note, I do not think there is again any debate on this matter that this House gives approval to the Convention. Question put and motion agreed to.
RESOLUTION

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)
Mr Speaker, I beg to move, that

WHEREAS by the provisions of article 75 of the Constitution any Treaty, Agreement, or Convention executed by or under the authority of the President in the name of Ghana, is made subject to ratification either by an Act ofParliament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.

IN ACCORDANCE with the said article 75 of the Constitution, the President has caused to be laid before Parliament, through the Minister responsible for Environment, Science and Technology, the Convention on Nuclear Safety (1994) on 22nd March

2010.

NOW THEREFORE, this Honourable House hereby resolves to ratify the Convention onNuc1ear Safety (1994)-
Alhaji Abdul-Rahman
Mr Speaker,I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
(Dr A. A. Osei: Mr Speaker, when you called for the votes, I saw the Minister for Environment, Science and Technology saying "AYE". So, I do not know whether she was saying "AYE" for "AYE" sake or she was voting. She is not entitled to vote.
Mr First Deputy Speaker
Hon Minister for Environment, Science and Technology, did you say "AYE"?
Ms Hanny-SherryAyittey
Mr Speaker, I was yawning. [Laughter]

Report of the Committee on Environment, Science and Technology on the African Nuclear-Weapon-Free Zone (Pelindaba) Treaty

Vice Chairman of the Committee (Alhaji Masoud Abdul-Rahman)(on behalf of Chairman of the Committee): Mr Speaker, I beg to move; that this Honourable House adopts the Report of the Committee on Environment, Science and Technology on the African Nuclear- Weapon-Free Zone (Pelindaba) Treaty.

In so doing I wish to present the Committee's Report.

1.0 Introduction

Mr Speaker, pursuant to article 75 of the 1992 Constitution and Standing Order 185 of the House, the accession to the African Nuclear-Weapon-Free Zone (PELINDABA) Treaty was presented to Parliament on Monday, 22nd March, 2010 by the Minister for Environment, Science and Technology, Hon Hanny-Sherry Ayittey.

Subsequently, the Rt Hon Speaker, Mrs Joyce Bamford-Addo referred the Treaty to the Committee on Environment, Science and Technology for consideration and report.

2.0 Deliberations

The Committee met with the Chief Director of the Ministry of Environment, Science and Technology (MEST), Mr G. K. Scott, officials of MEST and

representatives from the Ghana Atomic Energy Commission (GAEC) at the invitation of the Committee to consider the referral.

The Committee is grateful to the Chief Director and his team for their assistance.

3.0 Reference Documents

The Committee, in discussing the Treaty, referred to the following documents:

a. The 1992 Constitution of Ghana; b. The Standing Orders of Parliament; c. The United Nations General Assembly Resolution 3472 B XXX); and

d. International Atomic Energy Agency (IAEA) Non-Proliferation Treaty

(NPI).

4.0 Background

The declaration on the de-nuclearisation of Africa was agreed to by member States of the Organisation of African Unity (OAU) in Cairo in July 1964. The Assembly of Heads of State and Government of the OAU at its first Ordinary Session declared their readiness to undertake, through an international agreement (yet to be concluded under the auspices of the United Nations) not to manufacture or acquire control of nuclear weapons.

The resolution of the fifty-fourth and fifty-sixth ordinary sessions of the Council of Ministers of OAU, held in Abuja in 1991 and in Dakar in June, 1992, respectively, also affirmed that the evolution of the international situation was conducive to the implementation of the Cairo Declaration, as well as the
Ms Hanny-SherryAyittey
relevant provisions of the 1986 OAU Declaration on Security, Disarmament and Development.
Additionally, the United Nations General Assembly Resolution 3472 B (XXX) of 11th December, 1975 considered Nuclear-Weapon-Free-Zone (NWFZ) as one of the most effective means for preventing the proliferation, both horizontal and vertical of nuclear Weapons.
Thereafter, African States agreed that an African NWFZ will constitute an important step towards strengthening the non-proliferation regime, promoting co- operation in the peaceful uses of nuclear energy, promoting general and complete disarmament and enhancing regional and international peace and security.
5.0 Purpose of the Treaty
The Treaty seeks to strengthen the non-proliferation regime, promote co- operation in the peaceful uses of nuclear energy, general and complete disarmament and enhance regional and international peace and security.
6.0 Observations
6.1 The Committee observed that Ghana's signature to the Pelindaba Protocol would affirm the significance she attaches to the IAEA Non-Proliferation Treaty (NTT) and Nuclear-Weapor1-Free Zone (NWFZ) Treaty. The ratification of the Treaty will therefore, serve as a practical demonstration of Ghana's commitment to the advantage of Article IV of the NPT, which recognises the inalienable right of all State Parties to develop research on production and use of nuclear energy for peaceful purposes

Without discrimination. It Will?-also facilitate the fullest possible exchange of equipment, materials and scientific technological information for such purposes-

6.2 The Committee also observed that Ghana's commitment to join the promotion of regional co-operation for the development and practical application of nuclear energy for peaceful purposes in the interest of sustainable social and economic development of the Africa continent, demonstrates Ghana's preparedness to keep Africa free of environmental pollution.

6.3 Additionally, the Committee observed that the accession to the Treaty and its Protocol does not involve any direct financial obligation on the part of Ghana apart from providing the African Union (AU) with a declaration containing the renunciation of nuclear explosives. Ghana should also undertake not to conduct research on, seek or receive assistance in the research on, develop, manufacture, stockpile or otherwise acquire, possess or have control over any nuclear explosive device by any means anywhere.

6.4 The Committee finally noted that the accession of the Treaty will render Ghana one of the first African States to do so. It will boost Ghana's image in the international political arena as one of the pioneers in the fight against terrorism in the region and open broader avenues for more assistance from the IAEA.

7.0 Recommendation and Conclusion

Ghana stands to gain enormous benefits When it accedes to the Treaty on African Nuclear-Weapon-Free Zone.

In View of the above, the Committee recommends for ratification by the House,
Prof. Christopher Ameyaw-Akumfi (NPP- Techiman North)
Mr Speaker, I beg to once again second the Motion.
This Convention talks about non- proliferation and emphasises peaceful use of nuclear energy. It does not stop us from exploring avenues of using nuclear energy for development It is against the development of atomic weapons and so on. And for that reason, I think Ghana needs to accede to it - there is no harm, but we have to make sure that we do not behave like the Iranians, that after signing on, we would then use all kinds of means of coming up with the development of nuclear weapons.
I believe we also have to go through the usual Motions of coming out with laws, regulatory measures and so on. Once we do that, we stand to benefit from the international community on various things which are normally made available to those who are using nuclear energy for peaceful purposes.
It is on this note, Mr Speaker, that I think we should all support our assertion to this Convention.
Thank you.
Question put and Motion agreed to.
RESOLUTIONS

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)
Mr Speaker, I beg to move, that

WHEREAS by the provisions of article 75 of the Constitution, any Treaty, Agreement, or Convention executed by or under the authority of the President in the name of Ghana, is made subject to ra1ificationeitherbyanActofPar1iament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament

IN ACCORDANCE with the said article 75 of the Constitution, the President has caused to be laid before Parliament through the Minister responsible for Environment, Science and Technology, theAfiicanNuclear-Weapon-Free Zone (Pelindaba) Treaty on 22nd March, 2010.

NOW THEREFORE,this Honourable House hereby resolves to ratify the African Nuclear-Weapon-Free Zone (Pelindaba) Treaty.
Alhaji Abdul-Rahman
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to
Resolved accordingly.
Report of the Committee on Environment, Science and Technology on Comprehensive Nuclear Test Ban Treaty (CTBT)
Vice Chairman of the Committee (Alhaji Masoud B. Abdul-Rahman) (on behalf of Chairman of the Committee): Mr Speaker, I beg to move, that this
Alhaji Abdul-Rahman
Honourable House adopts the Report of the Committee on Environment, Science and Technology on the Comprehensive Nuclear Test Ban Treaty (CTBT).
Mr Speaker, in doing so, I wish to present the Committee's Report.
1.O Introduction
Mr Speaker, the Hon Minister for Environment, Science and Technology, Hon Hanny-Sherry Ayittey presented the Comprehensive Nuclear Test Ban Treaty (CTBT) on Monday, 22nd March, 2010 for ratification by Parliament. Pursuant to article 75 of the 1992 Constitution and Standing Order 185 of the House, the Rt Hon Speaker, Mrs Joyce Bamford-Addo, referred the Treaty to the Committee on Environment, Science and Technology for consideration and report.
2.0 Deliberations
The Committee at its invitation to the Ministry of Environment, Science and Technology (MEST), met with the Chief Director and officials of MEST and representatives from the Ghana Atomic Energy Commission (GAEC) to consider the referral.
The Committee is grateful to the Chief Director and his team for their support.
3.0 Reference Documents
The Committee availed itself of the following documents in its deliberations: a. The 1992 Constitution of Ghana; b. The Standing Orders of Parliament;

c. The Atomic Energy Commission Act 2000 (258); and

d. The Vienna Convention on the Law of Treaties (1969).

4.0 Background

A Resolution was passed at a meeting of States that were signatories to the Comprehensive Nuclear Test Ban Treaty (CTBT) to establish a Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organisation. The Resolution was adopted on 19th November, 1996 in affirmation of the CTBT. This was later adopted by the General Assembly in New York on 10th September, 1996.

The signatory States resolved to take all necessary measures to ensure the rapid and effective establishment of the future CTBT Organisation and to establish a Preparatory Commission with its Headquarters in Vienna, Austria.

5.0 Objective of the Treaty

The Comprehensive Nuclear Test Ban Treaty seeks to ban any nuclear weapon test explosion, any other nuclear explosion and improvement of nuclear weapons in order to contribute to nuclear non- proliferation and enhance international peace and security.

6.0 Observations

The Committee observed that: a. Before the Treaty becomes enforceable, Ghana, as a signatory State will be bound by the basic obligation of article l of the CTBT not to carry out any nuclear weapon test explosion or other nuclear explosion On ratification of the
Alhaji Abdul-Rahman
CTBT, Ghana would be bound by all the provisions contained in the Treaty when it becomes enforceable.
b. Ghana is required to prepare a national legislation for the implementation of the Treaty and other necessary measures such as the establishment or designation of a national authority to serve as the focal point to liaise with the CTBT Organisation and with other States.
The Committee was informed that GAEC has already been designated as the national focal point to liaise with the CTBT Organisation. Thus, theAtomic Energy Commission Act 2000 (258) has to be amended to reflect the added responsibility.
c. In addition to contributing to global peace and security, Ghana would have access to International Monitoring Service (IMS) data and International Data Centres (IDC) products and services through the satellite based Global Communications infrastructure (GCI) or through a secure Internet connection to enhance its National Data Centres (NDC) and data processing capabilities
d. Under the terms of the Treaty, -the IMS facilities hosted by signatory States will be owned and operated by the host country. The Preparatory Commission will provide technical assistance to IMS

hosting states for the establishment, upgrading, operation and maintenance of these facilities.

The Committee was informed that GAEC and the School of Nuclear and Allied Sciences are already positioned to host the IMS station for the region. In the opinion of the Committee, Ghana, therefore, stands to benefit since the cost of construction, provisional operation and maintenance of the facility will be borne by the CTBT Organisation.

f. Finally, Ghana stands to benefit from international cooperation projects (Workshops and information visits), and training programmes in various verification-related disciplines provided by the CTBT Organisation to enhance Ghana's scientific capacity.

7.0 Recommendation and Conclusion

The Committee has carefully examined the provisions of the Comprehensive Nuclear Test Ban Treaty and is of the considered view that they are consistent with the 1992 Constitution.

Accordingly, the Committee recommends that, this House ratifies the Comprehensive Nuclear TestBan Treaty (CTBT).

Respectfully submitted.
Prof. Christopher Ameyaw-Akumfi (Techiman North)
Mr Speaker, I beg to second the Motion. Mr Speaker, in doing so, let me once again remind the House of the need for us to come out with the appropriate laws.
Mr Speaker, at the moment, the regulatory aspect of -this Convention is
RESOLUTIONS

Minister for Environment, Science and Technology (Ms Hanny-SherryAyittey)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of the Constitution, any Treaty, Agreement, or Convention executed by or under the authority of the President in the name of Ghana, is made subject to ratification either by an Act of Parliament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.
lN ACCORDANCE with the said article 75 of the Constitution, the

President has caused to be laid before Parliament through the Minister responsible for Environment, Science and Technology the Comprehensive NuclearTestBanTreaty (CTBT) on 22nd March, 2010.

NOW THEREFORE, this Honourable House hereby resolves to ratify the ComprehensiveNuclearTestBanTreaty

(CTBT).
Alhaji Abdul-Rahman
Mr Speaker, I second the Motion.
Question put and motion agreed to
Resolved accordingly.
Report of Committee on Environment, Science and Technology on the Joint Convention on the Safety of Spent Fuel Management Safety of Radioactive Waste Management (1997)
Vice Chairman of the Committee (Alhaji Masoud B. Abdul-Rahman) (on behalf of Chairman of the Committee): Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Committee on Environment, Science and Technology on the Joint Convention on the Safety of Spent Fuel Management Safety of Radio- active Waste Management (1997).
In doing so, Mr Speaker, I wish to present your Committee's Report.
1.0 Introduction
The Minister for Environment, Science and Technology, Hon Hanny-Sherry
Alhaji Abdul-Rahman
Ayittey presented the accession to the Joint Convention on the Safety of Spent Fuel Management/ Safety of Radioactive Waste Management to Parliament on Monday, 22nd March, 2010.
The Rt Hon Speaker, Mrs Joyce Bamford-Addo subsequently referred the Joint Convention to the Committee on Environment, Science and Technology for consideration and report. This was in fulfillment of article 75 of the 1992 Constitution and Standing Order 185 of the House.
2.0 Deliberations
To assist the Committee in its deliberations, the Chief Director of the Ministry of Environment, Science and Technology (MEST), officials of MEST and representatives from the Ghana Atomic Energy Commission (GAEC) attended the Committee's meeting.
The Committee is grateful to the Chief Director and his team for their support.
3.0 References
The Committee referred to the following documents during its deliberations:
a. The 1992 Constitution of Ghana; b. The Standing Orders ofParliament; c. The Radiation Protection Instrument 1993 (LI 1559); and
d. The Atomic Energy Commission Act, 2000 (Act 588).
4.0 Background
On 29th September, 1997, the Joint Convention on the Safety of Spent Fuel

Management] Safety of Radioactive Waste Management hereinafter referred to as the Joint Convention was opened for signature and became enforceable on 18th June, 2001.

The Joint Convention pertains to spent fuel and radio active waste resulting from civilian nuclear reactors and application. It also applies to spent fuel and radioactive waste from military or defence programmes if and when such materials are transferred permanently to and managed exclusively within civilian programmes, or when it has been declared as spent fuel or radioactive Waste by a State Party to the Convention Additionally, the Joint Convention relates to planned and controlled releases into the environment of liquid or gaseous radioactive materials from regulated nuclear facilities.

The Joint Convention impacts on trade in waste radio active materials as identified in the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposals.

5.0 Objective of the Joint Convention

This Convention seeks to achieve and maintain a high level of safety Worldwide through the enhancement of national measures and international co-operation and to prevent accidents with radiological consequences and to mitigate their consequences should they occur.

6.0 Observations

6.1 The Committee observed that the Joint Convention does not involve any direct financial obligations on the part of Ghana. However, just like the Convention on Nuclear Safety (CNS), Ghana is expected to establish and maintain an institutional and legislative framework to regulate the safety of Spent Fuel and
Prof. Christopher Ameyaw-Akumfi (NPP-- Techiman North)
Mr Speaker, I beg to second this motion.
The formulation of the Convention is quite old, 1996, and even before GAEC was established, this Convention was in the system and I am sure in setting up GAEC, we reminded ourselves of the need not to use GAEC for the production of nuclear weapons and I believe we have stayed with that understanding.
By our assenting to this Convention, we are reinforcing the point that, yes, We may have the facility to try to produce nuclear Weapons but this Convention, if we sign onto it, will bar us from doing that. There again, Mr Speaker, What is required is for us to have, the necessary laws in place that will forever prevent us from producing nuclear weapons.
Dr A. A. Osei
Mr Speaker, just a point of information. He said we should be bold enough to tell them, so We should be bold enough to name them.
Prof. Ameyaw-Akumfi
Mr Speaker, can I plead the 5th Amendment here?
Dr A. A. Osei
Mr Speaker, here in this country, We do not have the 5th Amendment.
Prof. Ameyaw-Akumfi
Mr Speaker, freedom of speech and freedom of silence.
Question put and motion agreed to.
RESOLUTION

Minister for Environment, Science and Technology (Ms Hanny-Sherry Ayittey)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of the Constitution, any Treaty, Agreement, or Convention executed by or under the authority of the President inthenameofGhana, is made subject to ratification either by an Act of Parliament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament
IN ACCORDANCE with the said article 75 of the Constitution, the President has caused to be laid before Parliament through the Minister responsible for Environment, Science and Technology, the Joint Convention on the Safety of Spent Fuel Management Safety of Radioactive Waste Management (1997) on 22nd March, 2010.
NOW THEREFORE, this Honourable House hereby resolves to ratify the Joint Convention on the Safety of Spent Fuel Management the Safety of Radioactive Waste Management
(1997).
Alhaji Abdul-Rahman
Mr Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker
Hon Majority Leader, I want us to take this pending issue with the Plants Bill which We discussed today and then we --
Mr Avoka
Mr Speaker, can we complete item 17 on the Order Paper?
Mr First Deputy Speaker
Hon Leader, because it is not on the Order Paper, if we are not careful, we would end up forgetting it.
Mr Avoka
Mr Speaker, I am now looking at it.
Mr First Deputy Speaker
Very well. Hon Majority Leader, item 17 on the Order Paper.
Mr Avoka
Mr Speaker, yesterday, we took this Motion and you deferred the consequential Resolution because some Hon Members raised an issue about the cost of water tankers with regard to the Ghana National Fire Service. The information has been provided and I understand that my Hon Colleagues Who raised the issue, their attention has been drawn to it. That is Why I thought that at this stage, it would be possible to take the Resolution.
RESOLUTION

Minister for Finance and Economic Planning (Dr Kwabena Duffuor)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), the terms and conditions of any loan raised by the Government of Ghana on behalf of itself or any public

institution or authority shall not come into operation unless the said terms and conditions have been laid before Parliament and approvedbyParliament by a Resolution supported by the votes of a majority of all Members of Parliament;

PURSUANT to the provisions of the said article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), at the request of the Government of Ghana acting through the Minister responsible for Finance and Economic Planning, there has been laid before Parliament the terms and conditions of the Mixed Credit Facility between the Government of Ghana and the Government of the Kingdom of Belgium and KBC of Belgium for an amount of €9,474,271.00 for the supply of additional fire tenders, aerial rescue and fire fighting platforms, water tankers and other related fire fighting equipment for the Ghana National Fire Service and a request for tax and duty exemptions amounting to €1,928,932.00 on the equipment/machinery to be imported in respect of the Mixed Credit Facility.
THIS HONOURABLE HOUSE HEREBY

Mr James K. Avedzi
Mr Speaker, I beg to second the motion. if Mr First Deputy Speaker: In view of the fact that I have been informed that the information has been provided, I will put the Question.
Mr Kyei-Mensah-Bonsu
Mr Speaker, I think as the Hon Majority Leader has indicated, yes, some explanation was sought relating to the price of certain items to enable us do serious diligence on them. I have just been given a paper informing us about quotation of fire tenders.
Now, this facility that we are approving is from Belgium- What is before us is indicating to us that we have relatively cheaper prices from elsewhere. So, what is informing us to go for higher quotations? We need further explanations, otherwise, it is incomplete. So, since the Minister has moved for the adoption of the Resolution, if with respect, he can offer us some explanation, then we will - [Interruptions] _
Mr Avedzi
MrSpeaker,whatthe Hon Minority Leader said is actually true; that when you look at the obsolete figures - that of Indian seems to be cheaper but there were other factors that were taken into consideration in selecting the quality ones. For instance, the one from India, at every 35,000 kilometres, you need to change parts but the one from Belgium, every 150,000 kilometres, before you change parts.
Under-chassis make noise at the real - for that of the Indian. So, they took other factors into consideration in selecting the one from Belgium.

If you look at the absolute figures, you will think that the one from India is far cheaper but durability and quality were what informed the decision of selecting the one from Belgium.
Mr Kyei-Mensah-Bonsu
Mr Speaker, that offers some explanation and some comfort but indeed, we know where to place India in these matters. But of course, if you consider water tankers, the price from Belgium and United States of America (USA) -- the one from United States of America is cheaper and I do not think that you will tell us that as far as quality is concerned, the one from Belgium would be of higher quality. This is why I am saying we need further and better particulars. The Indian one, you have cited, what of the USA one?
Mr Avedzi
Mr Speaker, if you look at the facility, there is even a grant of 24.8 per cent; there is a grant of l .6 million for that of the Belgium one. So, all these factors were taken into consideration. So I think that satisfies the question.
Mr First Deputy Speaker
Hon Chairman, you should have added all those points early on. If you had done that, I do not think that the Hon Minority Leader would have raised some of the points that he raised.
Question put and motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker
Hon Minority Leader, I think this is a straight forward matter that we should take - the Plants Bill. Very well. Let me take the tax exemption, then we go and look at it. Item 18; it is a tax exemption associated with the facility we have approved.
RESOLUTIONS

Minister for Finance and Economic Planning (Dr Kwabena Duffuor)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 174 (2) of the Constitution, Parliament is empowered to confer power on any person or authority to waive or vary a tax imposed by an Act of Parliament.
THE EXERCISE of any power conferred on any person or authority to waive or vary a tax in favour of any person or authority is by the said provisions made subject to the prior approval of Parliament by Resolution.
BY THE combined operation of the provisions of section 26 (2) of the Customs, Excise and Preventive Service (Management) Law, 1993 (PNDCL330), the Export and Import Act, 1995 (Act 503), the Export Development and Investment Fund Act, 2000 (Act 5 82), the ValueAdded Tax Act, 1998 (Act 546), the Value Added Tax (Amendment) Act, 2000 (Act 579) and other existing laws and regulations applicable to the collection of customs duties and other taxes on the importation of goods into Ghana, the Minister for Finance and Economic Planning may exempt any statutory corp oration, institution or individual from the payment of duties and taxes otherwise payable under the said laws and regulations or Waive or vary the requirement of such statutory corporation, institution on individual to pay such duties and taxes.

IN ACCORDANCE with the provisions of the Constitution and at the request of the Government of Ghana, acting through the Minister responsible for Finance and Economic Planning, there has been laid before Parliament, a request by the Minister for Finance and Economic Planning for the prior approval of Parliament, the exercise by him of his power under the laws and regulations relating to the waiver and exemption of tax liability on equipment/ machinery and materials to be imported amounting to €1,928,932.00 in respect of the Mixed Credit Facility between the Government of Ghana and the Government of the Kingdom of Belgium and KBC of Belgium for an amount of €9,474,271.00 for the supply of additional fire tenders, aerial rescue and -fire fighting platforms, water tankers and other related fire fighting equipment for the Ghana National Fire Service.

NOW THEREFORE, this Honourable House hereby approves the exercise by the Minister responsible for Finance and Economic Planning of the power granted to him by Parliament by statute to waive such taxes and duties or to exempt the payment of such taxes and duties on equipment/machinery and materials to be imported amounting to €1,928,932.00 in respect of the Mixed Credit Facility between the Government of Ghana and the Government of the Kingdom of Belgium and KBC of Belgium for an amount of €9,474,271.00 for the supply of additional fire tenders, aerial rescue and fire fighting platforms, water tankers and other related fire fighting equipment for the Ghana National Fire Service.
Mr James K. Avedzi
Mr Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly
rose
Mr First Deputy Speaker
Hon Member, get in touch with the Leadership and let me know exactly what is happening.
Hon Majority Leader, are you ready now?
Mr First Deputy Speaker
Let me give background information to lay the foundation for you.
MrAvoka
All right
Mr First Deputy Speaker
Hon Members, order! Hon Members, you Will recall that at the 7th Sitting of this Meeting -
Mr First Deputy Speaker
Hon Members, order! Hon Members, if there is any offensive weapon in the House, it should be taken out.
Hon Members, you will recall that at the 7th Sitting of this Meeting, held on Friday, 4th June, 2010, the Plants and Fertilizer Bill, 2009 was read the Third time and passed by this House.
Subsequently, the attention of the Chair and Leadership has been drawn to a technical legal error in the Bill as passed. This error has arisen as a result of amendment effected in the Interpretation

Act passed by this House. The Interpretation Act passed repealed the Statutory Instruments Act, 1959 numbered 52 of 1959 which provides a legal basis for the imposition of the penalties for the convention or provisions of statutory instruments and yet We went ahead to include it in the Bill.

I have consulted the Leadership of the House and we thought that that error ought to be corrected and I have called on the Majority and Minority Leaders to take steps to correct that error so that the proper thing is done.

At this stage, I call on the Hon Majority Leader to proceed, after which I will call the Minority Leader.
Mr Avoka
Hon Colleagues, as indicated by the Chair, we can always make this correction, if we come by way of a Motion.
Consequently, I have jointly sponsored the Motion with the Hon Minority Leader to be able to bring the amendment into effect. In view of the fact that this Motion is impromptu, and therefore, was not within this House for 48 hours, it enjoins us to waive our Standing Orders to be able to put the Motion into perspective.
Suspension of Standing Order 80 (1)
Mr Cletus A. Avoka
Mr Speaker, in the light of this, I beg to move, that notwithstanding the provisions of Standing Order 80 (1), which requires that no Motion shall be debated until at least 48 hours have elapsed, between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the House to rescind the decision it took in respect of clauses 85 (7) and 119 (3) of the Plants and Fertilizer Bill, 2009 be moved today.

1.1O p.m.
Mr Kyei-Mensah-Bonsu
Mr Speaker, in begging to second the Motion proposed by the Hon Majority Leader, I think it talks about the waiver of our Standing Orders as per Order 80 (1), but that is when the Motion has been advertised. In this case, the Motion has not been advertised and indeed, I thought he would rather come by Order 78. Order 78 requires that Motions be advertised but exemptions are granted under Order 78(k).
So, since it is not advertised, I thought the proper thing to have been done was to resort to the vehicle of Order 78 (k) and then when it has been so approved, Mr Speaker, then we go by Order 80 (I), that is in respect of the waiver of the relevant provisions to allow us to consider it
So Mr Speaker, subject to those amendments, I beg to second the motion that has been moved by the Hon Majority Leader.
Mr First Deputy Speaker
Hon Members, I thought both of you were right. The procedure by the Hon Majority Leader is correct, the procedure by the Hon Minority Leader is also right. He is coming under Urgent Motions which do not need notice; and he is coming for the suspension of the Standing Order that requires notice; so both of them are right.
Mr Kyei-Mensah-Bonsu
MrSpeaker, it is a matter of procedure and you certainly agree that Order 78 (k) should precede Order 80 (1). We are both correct as you said, but if the proper thing should be done, it should be advertised first. Now,

you are granting the exemption of advertisement that is provided for by Order 78(k). So once we go through that, then Order 80 (1) will follow. That is all that I was saying; it is a matter of procedure and I believe that you can go on.

Question put and motion agreed to.

Resolved accordingly.
MOTIONS

Majority Leader(Mr Cletus A. Avoka)
Mr Speaker, I beg to move, that this Honourable House rescinds the decision it took in respect of clauses 85 (7) and 119 (3) of the Plants and Fertilizer Bill, 2009.
Mr First DeputySpeaker
Hon Leader, I thought you would give some small explanation.
Mr Avoka
Mr Speaker, I thought that you had done the spade work earlier and then this one is only consequential?
Mr Avoka
But for the avoidance of doubt, Hon Members are acquainted with the fact that an error was made reference to the Statutory Instruments Law, which has already been repealed So while that law does not exist, on the face of the record, we made an error by making reference to a non-existing law. It is against this background that we are making this present amendment to cure that defect.
Minority Leader (Mr Osei Kyei- Mensah-Bonsu)
Mr Speaker, as the Hon Majority Leader has indicated, it was an obvious error on the part of Parliament when we were considering the Bill at that
Mr First Deputy Speaker
Hon Members, what we are doing now is not really captured in the Standing Orders, but we are trying to, as it were, adopt the rules and procedure where the rules provide that if it is not provided, then the Speaker tries to make room for it. So, what I intend doing now is that since we are going to amend those provisions, I will call for the Mace to be tilted for the Hon Majority Leader and Hon Minority Leader to move those amendments.
Hon Members, we are at the Reconsideration Stage. Accordingly, I call on the Hon Majority and Minority Leader to move the amendments.
BILLS-RECONSIDERATION OF

Mr Cletus A. Avoka
Mr Speaker, if you would permit me, I want to place on

record and in reference to what the Hon Minority Leader said, that June 4th is a day that many Ghanaians celebrate. Many Ghanaians admire June 4th and I know he is an adherent to the principle of lune 4. The only thing is that he will not say it openly, maybe.
Mr Speaker, I beg to move, clause 85, sub-clause (7), insert the following
"A person who commits an offence under the Regulations is liable on summary conviction to a fine of not more than five thousand penalty units."
Question put and amendment agreed to.
Clause 85 as amended ordered to stand part of the Bill.
Mr Avoka
Mr Speaker, I beg to move, clause 119, subclause (3), insert the following:
"A person who commits an offence under the Regulations is liable on summary conviction to a fine of not more than five thousand penalty units." Question put and amendment agreed to
Clause 119 as amended ordered to stand part of the Bill.
Mr First Deputy Speaker
Hon Members, that brings us to the end of the Reconsideration Stage.
Hon Members, the Table Office to effect the necessary correction to reflect the decision just taken by the House.
Mr Avoka
Mr Speaker, may I humbly request that we take Motion number 6 at page 2. We would ask the Minister to indicate the prinCipl6S of the Bill, listen to one or two persons from each side and that will end it. Then we can go on to some other matters of the day.
BILLS SECOND READING

Minister for Education (Mr Alex N. Tettey-Enyo)
Mr Speaker, I beg to move, that the Students Loan Trust Fund (SLTF) Bill, 2010 be now read a Second time and in doing so, crave your indulgence to espouse the principles of the Bill.
l. The object of this Bill is to establish by an Act of Parliament, a Students Loan Trust Fund to provide financial resources for the benefit of students of tertiary. educational institutions-
2. Currently, the Students Loan Trust Fund is setup as a Trust Deed incorporated under the Trustees (Incorporation) Act, 1962 (Act 106). However, Government has decided to change the legal status of the Students Loan Trust Fund from a trust deed to an Act of Parliament in order to strengthen its mandate and make its operation more effective.
3. The Students Loan. Trust Fund Bill seeks to enhance the promotion and facilitation of the nation's ideals enshrined in the 1992 Constitution regarding citizens' access to progressively free tertiary education.
4. Furthermore, the Bill will empower the SLTF to grant loans to students who qualify for admission into accredited tertiary institutions at a level to be determined by the courses they intend to

pursue, the location of the institutions in which they are enrolled, and genuine needs of individual students.

5. Finally, in order to strengthen the machinery for recovery of loans, employers would be obliged to assist the Fund with information on newly- employed graduates from tertiary education institutions in Ghana. Employers would also be required by law to deduct loan balances from personal emoluments of the employees concerned. These /and other provisions of the law would enable the SLTF fulfill its mandate.

Mr Speaker, I beg to move.

Question proposed
Chairman of the Education Committee (Mr Mathias A. Puozaa)
Mr Speaker, I beg to support the motion and in so doing, wish to submit the Report of the Select Committee on Education on the Students Loan Trust Fund Bill.
1.0 Introduction
Pursuant to articles 103 and 106 (4) of the 1992 Constitution and Orders 125 and 186 of the Standing Orders of Parliament, the Students Loan Trust Fund Bill was referred to the Select Committee on Education for consideration and report in accordance with Order 126 of the Standing Orders of Parliament
2.0 Deliberations
The Committee, in considering the Bill first held a Stakeholders' Forum on the 2nd of July, 2010 to solicit views from the public. The Committee also benefited from written memoranda and oral submissions presented by interested groups and individuals.
The Committee is grateful to the Ministry of Education and the personnel from the Attorney-General's Department
Chairman of the Education Committee (Mr Mathias A. Puozaa)
as well as stakeholders for providing the necessary inputs and clarifications during the examination of the Bill.
3 .0 References
In considering the report, the Committee made reference to the following documents:
i. The 1992 Constitution.
ii. The Standing Orders of Parliament
iii. The Students Loan Trust Fund (SLTF) Bill.
iv. The background notes received from the Ministry of Education.
v. The Ghana Education Trust Fund Act, 2000 (Act 581)
vi. The Students Loan Trust Fund that was set up as a Trust Deed Incorporated under the Trustees (Incorporation) Act, 1962 (Act
106).
vii. Presentations and clarifications by stakeholders.
4.0 Background Information
The Students Loan Scheme started in the 1988/89 academic year with about 8,000 students as beneficiaries at an annual loan level of 50,000 (GH5.00) per student. The total beneficiaries have increased considerably since the inception of the scheme. For instance, in the 2003/2004 academic year, the beneficiaries were 50,574 with a total disbursement of 121,639 million cedis (GH 12,163,900).
The continuous dependence on Social Security and National Insurance Trust (SSNIT) as a major source for the

provision of loans to the increasing number of tertiary students has become a subject of concern to several stakeholders. The situation was further compounded by the non-payment of loan obligations by successive Governments in the form of subsidised interest rates and accumulated interests on the part of the students resulting in about 20 per cent (20%) of SSNIT's investment being locked up in debts thus putting the social safety net of Ghanaian workers in jeopardy.

In the light of the apparent non- sustainability of this loan arrangement, the previous administration in 2005 approved the incorporation of the Students Loan Trust Fund under the Trustees (Incorporation) Act,

1962.

Since 2006, the disbursements by the Students Loan Trust Fund (SLTF) have been dictated by the amount of moneys released by the Ghana Education Trust Fund (GETFund), which is the most singular source of funds for the SLTF. The Students Loan Trust Fund Bill is therefore, being proposed to replace the Students Loan Trust Deed of Incorporation in order to enhance the promotion and facilitation of the national ideals enshrined in article 25 of the 1992 Constitution.

The Bill will also empower the administrators and management of the Fund to grant loans to students who qualify for admission into approved tertiary institutions pursuing accredited tertiary programmes. Additionally, proper mechanisms will be instituted to recover the loans and with time, make it a revolving Fund in order to meet the needs of an ever increasing number of tertiary students.

5.0 The Purpose of the Bill

The Bill seeks to provide financial resources for students of accredited tertiary institutions in order to promote
Chairman of the Education Committee (Mr Mathias A. Puozaa)
provide information on persons who refuse to repay their loans to a Credit Reference Bureau despite the provisions of the Credit Reporting Act, 2007 (Act 726). The purpose for which a loan obtained from the Fund may be used and the conditions under which a person may be eligible to obtain a fund from the Fund are specified in clauses 29 and 30.
Routine statutory provisions on accounts and audit, annual report and other reports are provided for clauses 32 and 33.
Under clause 35, the Fund is exempt from the payment of tax and clause 36 provides for offences. The Minister's enabling power to make regulations is provided for in clause 37, while clause 38 is on interpretations-
7.0 Observations
7.1 Rationale for Changing the Students Loan Trust from a Trust Deed to an Act of Parliament
The Committee was informed that changing the legal status of the existing Students Loan Trust from a Trust Deed to anAct of Parliament will strengthen the mandate of the Fund to operate under a wider legal framework
7.2 Sources of money for the Fund
The Committee noted that moneys for the Fund are being envisaged from many other sources apart from the Ghana Education Trust Fund (GEFFund) as the case is presently. This, in the opinion of the Committee, will guarantee funds to cater for the ever increasing number of tertiary students in a more sustained manner. The Committee also welcomed the idea of an eventual departure from the

over-dependence on GETFund sources by making it a revolving Fund. The Committee further proposes that one per cent of the money accruing into the Communication Tax Revenue should be channelled into the Fund to ensure that enough money is accumulated in the Fund to take care of the increasing number of tertiary students.

7.3 Recovery of the Loan Facility

It was also noted that, unlike the current system where proper mechanisms are not put in place to recover loans given to beneficiaries, adequate measures and procedures have been instituted in this Bill for the recovery of all loans. These include compulsory deductions from the salaries of employee beneficiaries and subscription to aLoan Protection Scheme to take care of possible non-repayment arising from death or permanent incapacitation. Employers will also be obliged under this Act to ensure that their employees who are beneficiaries settle their loans.

7.4 Senior Loan

To further enhance the recovery of the loan, the Committee observed that loans contracted from the Fund have been deemed "Senior Loans". This means that no other loan would take precedence over loans contracted from the Students Loan Trust Fund as far as repayment is concerned.

7.5 Borrower on Scholarship The Committee noted that under article 29, subsection (b), it has been provided that a person is not eligible or qualified to benefit from the Fund if he or she is being supported from a private source which is equal to or exceeds the maximum loan payable by the Fund. However, the
Chairman of the Education Committee (Mr Mathias A. Puozaa)
Committee was of the view that such persons should not be denied the opportunity to benefit from the Fund since the loans given by the Fund in reality do not meet the needs of the beneficiaries, particularly those offering applied sciences such as medicine.
7.6 Eligibility of Students
The Committee noted that an important feature of the Students Loan Trust Fund is accessibility to all Ghanaian students in Ghana in accredited tertiary institutions pursuing accredited tertiary programmes. Students at both public and private institutions are catered for.
7.7 The Role of Stakeholders
The Committee observed that actors like employers and guarantors have a crucial role to play as far as recovery of the loans is concerned. In the light of this, the Committee strongly recommends an intensive education for these major actors.
7.8 Representation of Attorney- General's Department on the Board
It was observed that there was no representation from the Attorney- General's Department on the Board. The Committee considered this as a serious oversight and therefore proposes that the Attorney-General's Department is represented on the Board to provide legal services for effective administration and management of the Fund.
8.0 Proposed amendments
The Committee has examined the Bill clause- by-clause. The amendments being proposed therefore, encompass corrections made to the typographical errors, omissions, insertion

of new clauses and subclauses as well as redraft of some of the clauses to give clarity to the provisions.

1. Page 3, clause 2, subclause 1, line 3, after "institutions" insert "in Ghana". Page 4, clause 2, subclause 2 paragraph (a), line 1, delete "facilities" and insert "financial support".

2. Page 4, clause 2, subclause 2 paragraph (b) delete.

3. Page 4, clause 3, paragraph (a), line 1, delete "money" and insert "moneys" _

Page 4, clause 3, paragraph (a), line 2, before "Trust Fund" insert "Ghana Education".

4. Page 4, clause 3, paragraph (d), line 2, delete "up to the" and after "equivalent" delete "of 0.5%" and insert "to 0.3%".

5. Page 4,clause 3, paragraph (e), line 2, after "Trust" insert "upon tenns and conditions as shall be agreed upon".

6. Page 4 clause 3, paragraph (t), delete "money" and insert "moneys".

7. Page 4, clause 3, paragraph (g), line 1, delete "money" and insert "moneys".

8. Page 4, clause 3, paragraph (h), line 1, delete "money" and insert "moneys".

9. Page 4, clause 3, paragraph (j), line 1, before "to" delete "money that accrues" and insert "moneys that accrue".

10. Page 4, clause 3, add new paragraphs as follows:

"(k) one per cent of moneys taken from the Communications Service Tax Revenue".
Chairman of the Education Committee (Mr Mathias A. Puozaa)
"(i) any other sources of funding that the Board in consultation with the Ministry of Finance may determine."
11. Page 4, clause 4, line 1, delete "money" and insert "Moneys" and before "Fund" delete "Trust" and line 3, after "the" insert "Controller and"
12. Page 5, clause 5, subclause 1, line 1, after "the" insert "Trust"
13. Page 5, clause 5 subclause 1, paragraph (d), delete and insert
"one representative of a recognized students' associations nominated on rotational basis for one term only".
14. Page 5 clause 5, subclause 1, paragraph (h), before "professionals" delete "two professionals" and insert "one professional" and after "experience" insert "in investment and financial management".
15. Page 5, clause 5, subclause 1, paragraph (1), line 1, after"Govemment" insert "at least"
16. Page 5, clause 5, subclause 1, add new paragraph as follows:
"(j) one representative from the Attomey-General, not below the level of Principal State Atatorney".
17. Page 7, Clause 8, add new sub- clauses as follows:
"(3) The quorum at a meeting for the Board shall be 8 or a greater number determined by the Board in respect of an important matter."
"(7) The proceedings of the Board shall not be invalidated by a reason of vacancy among the members or defect in the appoint-

ment or qualification of a member."

18. Page 8, cluse 10, subclause (2), line 1, after "a" delete "discipline and insert "Complaints".

19. Page 8, clause 10, subclause (3), line 1, after "Board" delete

"may" and insert "shall", and in line 2, a _er "Board" delete‘ except that the disciplinary committee shall be chaired by the representative of the Attorney-Genera on the Board".

20. Page 8, clause 14, subclause (3), line 4, delete "funct1on" and insert " functions".

21. Page 9, clause 15, subclause ((1), line 3, be ore "oi" delete "its" an insert "the" and after "functions" insert "of the functions of the Fund."

22. Page 9, clause 15, subclause (2), line 2, delete ‘ Board" and insert "Fund".

23. Piige 9, clause 15, subclause (3), line 1, a er "advisors" insert ‘ and consultants".

24. Page 9, clause 16, subclause (1) delete There shall be appointed" and insert "The Board shall appoint"

25. Page 9, clause l7, line 1 delete "moneys" and in line 2, delete "the proportions" and insert "accordance wit the formula" and, insert "and agproved by Parliament" after " Board" in me 2.

26. Page 9, clause 18,_l.ine 2, after_ "borrowers" insert ‘ m consultation w1th the Minister."

27. Page 9, clause 20, line 2, alter "borrowers" insert "in consultation with the Mmister." 28. Page 9, clause 21 subclause (2), delete and insert the following:

(2) "The Board may set deadlines and conditions for the submission of applications".

29. Page 1O,clause 21, subclause (4), paragraph (a) item(i) delete and insert the following:

"fund are available."
Prof. Dominic K. Fobih (NPP-Assin South)
Mr Speaker, I rise to support the Motion and in doing so, I would like to make a few comments.
Firstly, I note from your Committee's Report at disbursement in the past has depended solely on the GB)TFund allocation. And believe that this had always put a lot of burden on an already
overburdened institution like the GETFund. This is because we do know very well that even when GETFund makes allocation to the existing Fund for disbursement much depended on the releases from the Ministry of Finance and Economic Planning to the GETFund.
So, sometimes what is allocated in the GETFund budget may not be the real or the actual money that goes into disbursement for students. And this creates a lot of problem because, we know students' sentiments and their desire to get funding for their education.
We also do note that sometimes, even if the releases come from the Ministry of Finance and Economic Planning, they are not timely disbursed. For this reason, when the students really need the money to start their programmes and they are being pressed by their various tertiary institutions to honour their obligations by paying their fees, the money is not available to them, then they fall back to their parents who are already in distress because they had to look at other students under their care like those in the second cycle schools and so on and so forth.
So, I believe if, as your Committee's Report 1S saying, that by passing this Bill, it would strengthen the hands of the Student Loan rust Fund to be able to perform better, then I am quite happy about that. But what is important then to the Board is that, they have a serious challenge to meet
The challenge is that, they must demonstrate beyond all doubt that they have the ability to generate more funds so that in future GETFund will not be overburdened unnecessarily and moreso, when we have expanded the mandate of this Fund to cover private and public tertiary institutions which are accredited to offer tertiary programmes to students. It means, we are going to deal with large numbers of students who would need this financial assistance.
We are talking about the Universities of Ghana having about 28,000. We are talking about University of Cape Coast having almost about the same figure. University of Education, Winneba about l6,OO0 and over and so on and so forth, not including diploma awarding institutions. So, really, there is some responsibility being put on this Fund. And I believe that, the Board
Minister for Roads and Highways.(Mr Joe K. Gidisu)(MP)
Mr Speaker; thank you for the opportunity to get myself associated with the Motion on the floor by supporting it.
Mr Speaker, this is a very welcome situation, taking note of the fact that educational financing, especially at the tertiary level, has become a factor that has denied access to education by a majority of citizens who would have otherwise pursued courses in that sector.
Mr Speaker, it is, therefore, gratifying that attempts are being made, first and foremost, to broaden access to the loan which was hitherto limited to students in the public sector. As of now, it has come to stay, that private participation in education, especially the set up of these private institutions at the tertiary level has taken off a greater burden on the central government when it comes to, for example, provision of facilities like structures of all types.
However, it is on record that most of these private tertiary institutions' fees are generally above that of the public institutions. But unfortunately, those students in those sectors had not had the opportunity always to have access .to those students' loans.
Mr Speaker, in looking at the situation of broadening the number of students that will have access to this loan, we should equally look at the structuring of the governing body to take care of the concerns of students.
At the appropriate time, Mr Speaker, it will be very necessary to look at students' representation on the Board, especially now that we are getting a larger number of them involved, I have reservation on making provision for only Students Representative Council from a particular institution on the Board.
Papa Owusu-Ankomah (NPP - Sekondi)
Mr Speaker, thank you for the opportunity to contribute to this debate. Before the establishment of the Students Loan Trust Fund (SLTF), it was Social Security and National Insurance Trust Fund (SSNIT) that was doing this job of giving loans to students.
The previous Administration, recognising the problems that had bedevilled the system, then decided to introduce the SLTF, and the rationale for incorporating the Trust under the Trustees Incorporation Act was as much as possible to make it separate from Government even though Government would have a hand in the appointment of the officers, the funding, et cetera. It is my hope that this Bill, if approved by this Parliament, will not go the way of bodies established by Acts of Parliament which are being controlled by Government from a distance. It is very important.
One of the major problems that has faced tertiary education in this country is the matter of funding, and because Government has been the major financier of tertiary institutions or tertiary education generally in this country, resources that are needed to enable these tertiary institutions to provide the necessary infrastructure given the requisite remuneration that would attract first class personnel into the service has become a difficulty. Hence, you realise that when it comes to placing Ghanaian universities on the league of universities worldwide, we come very low; even in Africa.
Also we ought to recognise that tertiary education, like education anywhere else, is not free. Now, anytime students are asked to pay something, they complain. But if you look at the cost of training a university student and the amount of money the strident pays, it is to my mind, insignificant. What we need
Papa Owusu-Ankomah (NPP - Sekondi)
to do is to let those who have the ability to pay, to pay so that those who are capable but do not have the resources to pursue tertiary education have the opportunity to access realistic funding through the SLTF.
That was the essence of the establishment of the SLTF. I know there are many Hon Members of Parliament (MPs) here who can afford to finance their students at the university level without resorting to the students loan. But you realise that, well, because they say that "oh, you are entitled to it, you get". But there are so many students who are unable to pursue tertiary education because of lack of funding.
So in enacting this Act, in its implementation, let us ensure that it is those who deserve it who-get the funding. If you go to the developed countries - United States, United Kingdom, et cetera - almost everybody can access tertiary education. You take a students' loan, you have to work and then pay, so that financing does not become a barrier. The structure of our financing of tertiary education in this country, I can say that has been a recipe for producing graduates who cannot be globally competitive. And so we should take the bull by the horns.
I remember many years ago, when I was a professional law student and I said, "look, we should not have a country where professional legal education is free". I was nearly lynched in those days almost 30 years ago because people felt that, "oh, yes, it is only the "haves" who would have access"_ That is not the case. Let the "haves" pay a realistic fee and let those who do not have be given loans to pay. That should be the essence.
So let not this Bill just become cosmetic; let us bear in mind the purpose

for which the SLTF was established and ensure that through this innovative means, we are not only able to provide quality tertiary education to Ghanaians but also make that education accessible to those who are capable of accessing it.
Minister for Communications (Mr Haruna Iddrisu)(MP)
Mr Speaker, I rise to associate myself with the Motion for the adoption of the Report of the Select Committee's on Education. But Mr Speaker, in doing so, may I refer you to page 3 of your Committee's Report, in particular, paragraph 5.0, the third line.
Mr Speaker, I have been looking at article 28 of the Constitution and I do believe that the Committee inadvertently referred to article 28; the proper reference should be to article 25 of the Constitution, Which is on educational rights. So, I think that reference to article 28, in my view, is inadvertent, because it deals specifically with child rights.
We are discussing a matter of education rights in the Report that I have; if the Chairman could clarify that. But I can make some additional comments, if Mr Speaker can still recognise me after that correction, I think that article 28 should be expunged.
Mr Puozaa
Mr Speaker, it is true that we have got articles 28 and 25 on the paper. But when I was reading, I read the right thing, which is article 25 and I beg that this House should correct it accordingly. It is article 25 that is being referred to; so you may correct that
Mr H. Iddrisu
Mr Speaker, thank you very much. I believe that the appropriate reference should be to articles 25 and 38.
Mr First Deputy Speaker
The article 38 is correct?
Mr H. Iddrisu
Mr Speaker, I believe that this law -
rose
Mr First Deputy Speaker
Hon Balado Manu, do you have any point of order?
Mr Manu
Yes, Mr Speaker.
Mr Speaker, the Hon Member for Tamale South, Mr Haruna Iddrisu is saying that the reference to article 28 is misplaced. I want him to go to article 28 (4) where they are talking about the child's right to education and with your indulgence, I quote:
"No child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs."
So, article 28 is not entirely misplaced. We are talking about the child's right to have education. I accept that article 25 also talks about -
Mr First Deputy Speaker
Hon Member, which is more relevant? Which of the clauses are more relevant?
Mr Mann
Mr Speaker, article 25 is more relevant but article 28 is not out of order.
Mr H. Iddrisu
Mr Speaker, thank you very much. '
Mr Speaker, I believe that the Hon Balado, if he reads article 28 altogether will advise himself accordingly; indeed, article 28 (5) defines a child to mean a person below the age of 18 years. You are talking of tertiary education where you would have done six years primary, three years junior secondary school, three years senior high school and you still expect that the person would have entered a higher institution. But Mr Speaker, you
Mr Mann
Mr Speaker, much as I agree with you that article 25 is more relevant, is the Hon Member saying that if we go throughout tertiary institutions, we cannot get somebody who is 18 there? Please, we should not just make statements when we do not have empirical evidence to prove them.
Mr First Deputy Speaker
Hon Minister, continue.
Mr H. Iddrisu
Mr Speaker, thank you very much.
rose
Mr First Deputy Speaker
Hon Member for Sege, do you have a point of order?
Mr Abayateye
Yes, Mr Speaker, I heard my Hon Member saying that the Students Loan Scheme was introduced in 1988 or thereabouts. It is earlier than that; it was in the 1970s, so I want the records to be straightened. I finished university before 1988 and it was there.
Mr First Deputy Speaker
If indeed, the Hon Member made that statement, then it is factually not correct.
Mr H. Iddrisu
Mr Speaker, if my comment is suggested to be misleading, read page 2 of your Committee's Report, paragraph 4.0, it says:
"The Students Loan Scheme started in the 1988-1989 academic year".
Papa Owusu-Ankomah
Thank you and I hope the Hon Minister would yield to me for a point of information.
In our time, it was the SSNIT Student Loan Scheme; that is the difference. But Students Loan Scheme, 1988 to 1989, is correct; it was SSNIT.
Mr First Deputy Speaker
Hon Member for Sekondi, at that time, how were we calling it? .
Papa Owusu-Ankomah
We were calling it SSNIT Loan Scheme.
Mr First Deputy Speaker
Hon Minority Leader, how were you calling it?
Mr Kyei-Mensah-Bonsu
Mr Speaker, yes, at our time, it used to be the SSNIT Students Loan Scheme. It was qualified by "SSNIT" signature, so it was SSNIT Student Loans Scheme.
Mr First Deputy Speaker
Very well, Hon Minister, continue.
Mr H. Iddrisu
Mr Speaker, I just like to share and support an opinion expressed by the Hon Papa Owusu- Ankomah, that we need to conduct a means test in order to define Who must necessarily benefit from this facility, because a proper definition of those deserving the package is appropriate. Associated with that, Mr Speaker, is that, the per unit cost in terms of academic training, differs from one course to the

other, Whether you were reading medicine or law or pharmacy or the social sciences or history or sociology, the requirement is not the same.

We also need to make an appropriate definition, because some of these students require more than others, yet they are all treated at a universal level where ¢4.2 million or GH¢420.00 and GH¢320.00 respectively is made available to them to undertake the same courses. I think that a review of that is appropriate.

What is also important, Mr Speaker, is the recovery of the loan facilities. If you read some reports that I have come across, about 20 per cent of SSNIT investments are being locked up in debt because successive governments failed to meet the interest subsidy on the loan. And Mr Speaker, even if you go back to memory lane, I hope Prof. Christopher Ameyaw- Akumfi will remember. At the time, we were student activists, and it was very comforting giving them sleepless nights in terms of ensuring that we got a better package as our students loan scheme.

Mr Speaker, I can see Richard Acheampong who used to be a National Union of Ghana Students (NUGS) activist look into my face and the role that he played, including Mr Kyei-Mensah-Bonsu who was very active in the socialist forum, until he redefined his values in that era.
Mr Kyei-Mensah-Bonsu
MrSpeaker, I have never known the Hon Minister responsible for Communications to be a romour-monger. [Laughter] A lot of rumour is being peddled about me, that I used to be a socialist. Mr Speaker, let me put it on record. I have never been, I have never been.
Mr First Deputy Speaker
Hon Members, he said he had never been, but what he had been, which he has not challenged, is that he was a believer in June 4.
Mr Kyei-Mensah-Bonsu
Mr Speaker, if we assume that it was June 4, that introduced the concept of probity and accountability, into the dictum of Ghanaian lexicon and to the extent that as a nation, we have organised a referendum on the Constitution, which has adopted that principle, all of us, willy- nilly, believe in the principle of June 4.
Mr First Deputy Speaker
Hon Minister, kindly wind up. I want to take two more and put the Question.
Mr H. Iddrisu
Thank you very much, Mr Speaker.
Finally, Mr Speaker, is the sources of funding for the scheme. I believe we need to look beyond the Ghana Education Trust Fund (GETFund). This is because Mr Speaker - [Pause] I was just making a comment on the sources of funding for the Loans Scheme and to strongly recommend that we need to look beyond the GETFund. Indeed, we are only fortunate that the Fund, through our strong advocacy, was established to support tertiary education in particular.
I am aware that for this year alone, Government released GH¢12. 1 million from the GETFund to support the Students Loan Trust.
But that is not enough, even if we were to consider an adjustment of 20 or 50 per cent, which is what our students are advocating and asking for. I am not too sure that we would be able to meet all that through GETFund resources. So when we get to the Consideration Stage, we would need to rope in additional resources.
Thank you Mr Speaker.
Mr First Deputy Speaker
Hon Members, the House will Sit outside the prescribed period. I accordingly direct, having regard to the state of business.
Prof. Christopher Ameyaw-Akumfi (NPP-- Techiman North)
Mr Speaker, there are two aspects of this scheme which need some critical analysis so that we do not run into the same difficulties that the earlier scheme ran into. I think my Hon Colleagues have alluded to both.
First, it is on who qualifies to receive a loan and how much of it. The second is, how do we recover the money? There is a linkage between the two which has not been looked at quite critically. That is determining the programmes that students go through in the universities and the chances that they are going to get employment, and hence provide you with the source of recovery.
Mr Speaker, we have never conducted any serious survey on job availability; job openings as a way of helping our planners to determine who goes into what programme; how many people go into what programme. Now, this arrangement is saying that, when you are employed, after X number of years, you are then going to have money deducted from your salary. Mr Speaker, that is the catch. Many people are going to come, walking on the streets without employment and then we have to rely or go to their guarantors and some of these guarantors, do not also have the means and this contributed to the huge non-recovery component of the earlier Scheme, at least, the one that I presided over.
I think I would agree with Hon Papa Owusu-Ankoma and Hon Haruna Iddrisu. We should be able to determine who qualifies to get the loan. It is very important and I wish that the Board or whoever is coming out with that application form for determining or
Minister for Local Government and Rural Development (Mr Joseph Y. Chireh)(MP)
Mr Speaker, I thank you for the opportunity to contribute to this debate, and also to urge my Hon Colleagues to support it when it comes to the Motion.
My primary concern is about clause 19 of the Bill which says that the students who want to access this loan should have a guarantor acceptable to them. In the previous Student Loan Agreements, it was tied to Social Security and National Insurance Trust (S SNIT) contributors. So those rural people who did not have people contributing to SSNIT could not access the loans because they could not get guarantors. It requires that you even get two or three guarantors who were contributors.
Once again, in this Bill, there is an opportunity for us to make regulations. In making these regulations, I would suggest that means and ways should be found, to allow some people of good standing, including Assemblies to guarantee for some of the students, particularly those from the rural areas.
Now, who deserves the loan and who gets it - previous contributors have said that. But the most difficult thing we have in this country is that, when we create an opportunity like this, which should be targeted at the poor, it is the privileged; it is those who can afford, who normally would get this benefit.
There are examples; for instance, we have the Cocoa Scholarship Scheme. If you look at those who are the beneficiaries, you would see that the real cocoa farmer is at a disadvantage. Having introduced this, we should make sure proper studies are made. People should be identified properly, and in terms of deciding who should benefit, we must also do what is scientifically possible.
Mrs Catherine A. Afeku (NPP - Evalue Gwira)
Mr Speaker, I thank you for giving me the opportunity to contribute to this debate.
Mr Speaker, I have made some observations that, hopefully, when we get to the Consideration Stage, we would take into account.
I have looked at the actual memorandum, and when you look at clause 20 - Fees and Charges -- Mr Speaker, article 38 of the Constitution is saying all citizens are eligible to education or right to education, should not be discriminatory. But when

we look at the rural areas, people from our rural communities who are already snuggling with getting a guarantor who has a SSNIT contribution, you are also imposing fees and charges by the Board to eligible students.

Mr Speaker, I think we should take a bold step in either scraping or eliminating fees and charges for eligible students who have to apply for their student loan. That is one of the observations I made.

I also did not see any eligibility criteria in this consideration of the student loan, who really determines who is eligible. And there is too much power in the hands of the Board. To put it in the hands of the Board to decide eligibility, it is very easy in our political dispensation for patronage.

As previous Hon Members have talked about, the actual beneficiary ends up not getting the intended benefit of this loan, that is people who deserve it would be left out of the whole- But those who can actually afford to take care of their wards, would end up benefiting from this great opportunity. So, with that not being clearly spelt out, I think there is a discriminatory practice that is hidden in this Bill, that needs to be really considered.

It also does seem like there is an opportunity to make a clause for disabled people to access this loan. No provision whatsoever is made. If you glance through the clauses for the loan and its memorandum, it actually leaves out disabled people. We are already struggling with the two per cent from the DistrictAssemblies Common Fund (DACF) to support disabled people; they should not be left out in the acquisition of tertiary education, because they also have what it takes to contribute their quota to building mother Ghana.
Mrs Catherine A. Afeku (NPP - Evalue Gwira)
I also have a very big problem with repayment strategies. The memorandum does not really delve into repayments. There are a lot of people who have taken student loans in the past, who have left the shores of Ghana. Maybe, it is possible to link up with immigration, so, students who have benefited from the SSNIT loans would have a way of repatriating their funds or paying through -- I do know that in the previous administration, the Embassies had some collaboration in getting students who would voluntarily walk into the Embassies and contribute or pay back their loans.
But adding it to the legislation would strengthen the hands of the Board, to find ways of getting back these monies because it is not everybody who is not willing to pay. Sometimes, the mechanisms to even get the money back to the coffers of Government becomes a challenge. Where we have a representation across the globe, through our Embassies, there must be a mechanism in this Bill that gives legislative power to agencies outside our shores to collect from those who want to pay. So, there would not be defaulters or willing payers would not be given that threshold.
The Board and its criteria - Members who get on the Board, if it is possible at all, because education should not be discriminatory - if we can avoid political appointments, it will really augur well to give people in Ghana the chance to get the education they deserve. If we do not put some of these mechanisms in place, then it would be a Bill that will come out into an Act which would give loopholes to political leadership to take advantage of our monies or funds that will support education in our country.
Of course, I cannot help but add, if it is possible at all, there should be provision for gender. Young Women, girl-child education, the Millennium Development

Goals (MDGS), one of it is universal primary education, but girl-child education specifically at the tertiary level. A lot of young women may also struggle getting support. If there is any provision that is possible to put in there, so there would be that support for women who Want to aspire to greater heights but will have difficulties raising funds or even accessing the loans.

With these few words, I truly support the debate and at the Consideration Stage, I will add my voice to it.

I thank you.
rose rose
Mr First Deputy Speaker
Hon Members, there is not so much controversy with regard to this Bill. Both sides of the House are ad idem; the areas that we have flagged in our contributions are the areas that will come at the Consideration Stage. I will give two minutes, you and Hon Balado.
Mr Alfred W. GAbayateye (NDC- Sege)
Mr Speaker, I want to thank you for this opportunity. I want to contribute and bring out some points for us to see if there is need for this. "
This loan or Trust caters for everyone, with special reference to the - it is meant for students of accredited tertiary institutions pursuing accredited programmes, so it caters for people with disability - everybody. As of now, I happen to serve on the Board and I Want to say that the majority of the beneficiaries are women
Mr Kofi Frimpong
On a point of order. Mr Speaker, the Hon Member is saying that he is serving on a Board. But we all know that according to the NDC Manifesto, no Member of Parliament would be made to serve on any Board.
Mr Kofi Frimpong
Mr Speaker, so I think---
Mr First Deputy Speaker
You are out of order; sit down.
Mr Kofi Frimpong
Mr Speaker, I think he is out of order to serve on any Board in this country.
Mr First Deputy Speaker
Hon Member, you are out of order.
Mr Abayateye
Mr Speaker, again, when this comes into being and - it becomes an Act of Parliament, it will help the Fund to raise monies from other sources. It is interesting to note, right now, as we are saying, the loans are not the same to every student. Those pursuing humanities in the universities -
Mr First Deputy Speaker
Hon Member, kindly wind up.
Mr Abayateye
Thank you. Those pursuing humanities get a lower amount than those pursuing the sciences. In the polytechnics too, their allocation is also lower than those in the universities. But because of the limited funds which it is enabled to - If this comes, the Board can have other accesses to get more money to increase the funds.
With these few words, I want to encourage Hon Members that when we get to the Consideration Stage, we put in efforts to pass this through so that we become the best beneficiaries.
Thank you.
Mr First Deputy Speaker
Hon Balado, kindly co-operate with me; two minutes, so that the Hon Member for New Juaben North who is a senior Member of the House wants to make a very important intervention.
Mr S. K. B. Mann (NPP -- Ahafo South)
Mr Speaker, education has been defined as that which equips the individual with skills, knowledge, attitudes and aptitudes that are useful to the individual, as well as the society to which he or she belongs.
Mr Speaker, as a result of this, anybody who is pursuing education must be encouraged and must be assisted where it is necessary. It is in this light, that I have a problem with clause 29 of the Bill which states and with your indulgence, I quote that:
"Despite any other provision in any enactment to the contrary, a person is not eligible to apply for a loan under this Act where before admission into an accredited public tertiary institution or during the course of studies in the institution, the borrower obtains a scholarship from the Government of Ghana or from a public funded source or any private institution or organisation."
Mr Mathias k. Ntow
Mr Speaker, Hon Balado Manu is an active member of the Committee on Education. Where was he when this Bill was discussed? This thing should have been catered for.
Mr Manu
Mr Speaker, I think with the reaction, I better continue with what I am saying. [Laughter]
Mr Speaker, what I am saying is that, if the people of my village, Domeabra have come out with a scholarship scheme -
Mr First Deputy Speaker
Do you have the powers to read what reactions are?
Mr Manu
If the people of Domeabra have come out with a scholarship scheme for their children who would qualify to go to tertiary institutions and they give me some assistance from Domeabra and you say that, by that, I am ineligible to take the Students Loan Trust, I do not think it would be fair. It will be unnecessary discrimination and it will be counter to article 17 of our Constitution which frowns on discrimination based on social, ethnic, economic, religion and other bases.
Mr Chireh
On a point of order, Mr Speaker. The Hon Member who is speaking, who happens also to be a member of the Committee is aware that this was taken note of in the Report -- Paragraph 7.5 of the Report - and the concern he is expressing. So he should not mislead the House to think that the Committee agrees with what was provided.
Indeed, if he has any further amendments to accommodate more of the suggestions he is making, he is Welcome but the Committee took note of that. So, he should not mislead this House by talking as if nothing has been said about that argument .
Thank you.
Mr Kyei-Mensah-Bonsu
Mr Speaker, I believe the Hon Minister for Local Government and Rural Development is misleading this House, when he says of the Hon Balado Manu that he happens to be on the Committee.
Mr Speaker, the Colleague does not happen to be there, he is there -- he is a member of the Committee. Mr Speaker, for the elucidation of the Hon Minister, if he says that he happens to be there, it means he finds himself there by accident. He is not there by accident; he is there as a matter of right - he is there -
Mr First Deputy Speaker
And a former Chairman of that Committee -
Mr Manu
Able Chairman of that Committee - [Laughter]
Prof. Oquaye
Mr Speaker, we should get very clear in this House, that a Member, whether a committee member or not - the moment such a Report comes before this Honourable House, he is entitled to comment in a way that would contribute to the understanding of that particular issue, whether for or against, even if to reiterate some good points in the Report.
So Mr Speaker, let us have this matter straight, so that we do not come to this House thinking that once a committee has brought something, then that is it. If that is well understood, it would help us a lot and that is Why the Hon Minister is woefully out of order.
Mr First Deputy Speaker
Hon Member, kindly continue and conclude.
Mr Manu
Thank you, Mr Speaker.
Mr. Speaker, I was talking about the voucher system. Mr Speaker, as alluded to by Hon Ameyaw-Akumfi, there has never been any scientific manpower needs assessment of this country. So you would
Dr A. A. Osei
Mr Speaker, I know that my Colleague is a Senior Member of this House but I do not recall that he is an expert on ageing to make this emphatic statement that if you are 70 years, then you have a short time to live. If he does not have any evidence, he should withdraw that statement because he would be misleading this House an.d the Whole country. If he has any evidence, he should table it before this House.
Mr Manu
Mr Speaker, your Speakership, Sir, all along, I thought the Hon Akoto Osei was an economist - a subject where the term "all things being equal" is often used and that is what I used -- [Interruptions] -- I said all things being equal -[Clapping in the gallery]
Mr First Deputy Speaker
We do not clap in this House. The gallery is part of this House.
Yes, Hon Second Deputy Speaker --
Prof. Oquaye
Mr Speaker, this is not a matter of thinking that the very learned person in terms of academia, by way of matters relating to economics is an authority. My good Friend should please withdraw that. It is not a matter of his thinking that he is; it is a fact that he is and it is common knowledge.
Mr First Deputy Speaker
Hon Second Deputy Speaker, I know you also not to be a politician; I know you to be a lawyer and a professor of political science. I know you also to be a Reverend Minister --- I thought you were going to quote the Bible to support Hon Balado - [Laughter]
Mr Manu
Mr Speaker, What I said in relation to Hon Akoto means that as an economist that I know him to be, I did not expect him to contradict the term "all things being equal" which I used. I said "all things being equal, the 70-year-old should not live longer than the 20-year-old" and the Good Book, the Bible supports my stance, that everybody is given 70 years -- [Interruption]
Dr A. A. Osei
The "Hon Akoto", I do not know whether it is Dr Akoto on this side or Dr Akoto on that side; neither of them has spoken. So his reference to "Dr Akoto" is continuing to mislead this House. It is only Dr Akoto Osei who spoke, and he is making reference to some Dr Akoto who is not known in this House.
Mr Manu
I accept his intervention and the person I am referring to is Dr Akoto Osei, MP for Old Tafo - [Interruption] -- yes. And the system as I have explained-

Mr First Deputy Speaker; Hon Balado, your last statement; your last sentence --
Mr Manu
My last statement is that, in order to aid recovery of the loans, governments should refrain from taking loans that would tie down governments from employing people who graduate from our universities and our tertiary institutions so that they can Work and pay back the loans.
On this note, I thank you and I cede back the floor to you.
Mr First Deputy Speaker
Hon Member, you know that I am not on the floor.
Yes, Hon Member for New Juaben North, brief intervention.
Mr Hackman Owusu-Agyemang (NPP - New Juaben North)
Mr Speaker, I believe this is a very good initiative. What we need to do is to sharpen it properly and to ensure that it achieves its aim.
First and foremost, the Chief Executive should be a fund manager who knows how to manage funds. Many a time, we get people taking these positions and they have no idea of fund management. It is happening at the Social Security and National Insurance Trust (SSNIT); it has happened at other places and I believe we must take care of that one.
Again, Mr Speaker, in this country, people do not seem to want to obey the directives. If you take America, by April 30, everybody has filed his returns and if you do not do it, you are in trouble. But here, the rather lackadaisical attitude we take to the enforcement of rules and regulations, is what creates this problem. I believe one of the rules of doing this is, let the students apply. Once they are accepted in an institution of tertiary learning, then the money should be paid

directly to the institution. If you pay the money directly to the institution, then they will not have access to it and the institutions -- one of the certificates they give you should be a certificate of how much you owe and if this is made law and people even ask, Where is your clearance from the Students Loans Trust Fund, it Will help.

In the United Kingdom, Mr Speaker, your parents even fill forms to show their income levels and to see whether you are qualified for assistance or not. If We are not doing that, then we must make sure we recover the loans properly and I believe anybody looking for scholarship to go outside or whatever it is, and not that many people go outside the country anyway, vis-a-vis those who stay in.

We should be able to monitor and organise the Trust Fund in such a Way that we do not lose much money. This is because if we do not get a good fund manager who will recycle and build up the Fund, after a while, it finishes and then there is nothing else to replenish it.

Mr Speaker, the last point, as I said, is that, it might be useful for the Hon Minister for Education to have an L.l. which spells out the details of all these things, as to how you access the loan, how you pay it, the certificate of clearance that you require, what have you, and the rest and these then will require employers to ensure that, like National Service, "show me your certificate. Have you done your National Service or have you paid your money?" So either by an L.I., because that is the only one that can compel employers to do that or by rules and regulations.

Whatever it is, it is such a good initiative, we should not allow it to die because the Manager is not a fund manager and at the end of it, We have it off.
Mr First Deputy Speaker
Hon Members, item 1, Laying of Papers - By the Chairman of the Committee.
Mr Kyei-Mensah-Bonsu
Mr Speaker, I really do not have anything against what the Hon Majority is pleading we do.
We should not in this House let it appear as if people have an agenda to hide things from other people; it is simply not right.
Yesterday, we were in this Chamber and then an Addendum Order Paper was sprung on us. Nobody had informed anybody about that. Mr Speaker, you do know that that is not how business is transacted in this House.
Today, we Sit in this House, nobody has told anybody anything and another Addendum Order Paper. That is not the way business is transacted in this House. Let us be very methodical about the things that we do and show decorum and respect to each other. That is the Way to transact business in this House, but you do not do the things that We are seeing in this House lately. It has never been part of the conduct of business in this House.
Otherwise, Mr Speaker, as I have said, I do not have anything against it but we should be civil and decorous to each other.
Mr First Deputy Speaker
Hon Minority Leader, I think your points are very legitimate. When you raised the matter, I thought there was a discussion between you and among the Leadership, and when he made reference to the Addendum Order Paper, you were not raising any queries, so that is why I said the Hon Chairman should lay it.
Mr Avoka
Mr Speaker, I appreciate the sentiments expressed by the Hon Minority Leader, except his language.
With due deference to him, the pattern has been that if there is an Addendum, I should discuss with him to put him in the picture. But if you look at the matter under reference, it is about the Convention on Cluster Munitions. It is not a political matter or an economic matter that somebody would have personal gain. It is not an issue that this side or Government -- but the language. I appreciate his concern but it is the way
Mr Kyei-Mensah-Bonsu
Mr Speaker, I would not wantto go beyond that In reality I did not use the word "nicodemously". I have neverused"clandesn'ne."MrSpeaker, beyond that, I think the issue does not relate to the substance of the matter. It relates to What ought to be, that is the point I am making. I am not talking about Whether it is going to polarise the House or not. That is why I am saying that I have nothing - Seeing it, I have nothing against it except I am pleading that the proper thing ought to be done; that is the import of what I said.
Mr First Deputy Speaker
Hon Majority Leader, it seems there is nothing against it as such except that he thought that you would have drawn his attention to it earlier. I think that is where the Hon Minority Leader is coming from.
On that basis, I would let the Chairman lay the Paper.
Mr Owusu-Agyemang
Mr Speaker, I think that in future, if the Hon Majority Leader consults the Hon Minority Leader then it comes there. But in fact, if he had consulted him and said we were going to have an Addendum to it, I do not think he would have protested. So, it is at matter of -- [Interruption] We are going now but for future sake --- I do

not know why my Hon Chairman is complaining. We are building up the - In future if he consults him, then this thing would not happen but if he is not consulted, then he would raise the issue It is a very valid point.
PAPERS

MOTIONS

Chairman of Committee (Alhaji SumaniAbukari )
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 8 O (1) which require that no Motion shall be debated until at least forty eight hours have elapsed between the date on which notice of the Motion is moved, the Motion for the adoption of the Report of the Committee on Defence and Interior on the Convention on Cluster Munitions (CCM) may be moved today.
Mr William Ofori Boafo (NPP - Akropong)
MrSpeaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Report of the Committee on Defence and Interior on the Convention on Cluster Munitions (CCM)
Chairman of the Committee (Alhaji Sumani Abukari )1 Mr Speaker, I beg to move, that this Honourable House adopts
Mr William Ofori Boafo (NPP - Akropong)
the Report of the Committee on Defence and Interior on the Convention on Cluster Munitions (CCM).
Mr Speaker, in so doing, I wish to present the Report of the Committee.
1.0 Introduction
The Convention on Cluster Munitions (Cluster Bombs) was laid in Parliament by the Minister for Water Resources, Works and Housing (Hon Alban S. K. Bagbin), on behalf of the Minister for the Interior, on Thursday, 8th July, 2010. In accordance with article 75 (2) of the 1992 Constitution. The Convention was referred to the Committee on Defence and Interior for consideration and report pursuant to Order 158 of the Standing Orders of the House.
2.0 Reference Documents
The Committee made reference to the following documents during the consideration of the Convention:
i. The 1992 Constitution of Ghana;
ii. The Standing Orders of Parliament; and
iii. The Convention on Cluster - Munitions.
3.0 Deliberations
The Committee met with the Deputy Minister for the Interior, Dr Kwasi Akyem Apea-Kubi, the Executive Secretary of the Small Arms Commission, Mr Jones Applerh, Lt Col. S. Ohene-Asare (retd.) and the technical team from the Ministry of the Interior. In attendance were other officials of the Ministry of the Interior and members of the Foundation for Security and Development inAfiica. The Committee

acknowledges the invaluable contribution of all these officials during the consideration of the Convention.

4.0 Background Information On the 22nd - 23rd February 2007, the International Committee of the Red Cross (ICRC), the Cluster Munitions Coalition and the Humanitarian Organization met in Oslo, Norway to discuss how to effectively address the international problems caused by Cluster Munitions (Cluster Bombs).

Cluster munitions cause serious territorial harm to civilians long after the cessation of hostility by war States, and undeniable evidence indicates that various governments/nations have been reluctant to give up weapons caused by Cluster Munitions.

The overwhelming threat of these Weapons is obvious: bomblets dropped by cluster munitions cause serious injury, not only to military personnel but also to civilians. The effect on the human body is severe, generally resulting in the loss of limbs or death.

Cluster munitions are large weapons that release dozens or hundred of smaller sub-munitions. Air-dropped or ground- launched; they cause two major humanitarian problems. First, their wide area effect virtually guarantees civilian casualties when they are used in populated areas. Second, many of the submunitions do not explode on impact as designed, causing civilian casualties for months or years to come.

It is in recognition of the serious harm caused to civilians and the consequences of cluster munitions that these countries agreed to conclude by 2008 a legally binding international instrument.
Mr William Ofori Boafo (NPP - Akropong)
In pursuance of the above, series of international conferences were held for States and participants to discuss the draft version of the Convention. Prior to the final negotiation, various conferences took place in Limas and Wellington. Final diplomatic negotiations were held in Dublin and the ultimate signing ceremony was in Oslo on 3rd and 4th December, 2008.
In addition to these negotiations and signing ceremony, regional conferences were held across the world including two in Africa -- Livingstone (Zambia) and Kampala (Uganda).
The outcome of these conferences resulted in the development of a new Instrument prohibits cluster munitions.
5.0 Object of the Convention
The Instrument seeks to:
Prohibit the used of Cluster munitions Prohibit the production, transfer and stockpile of cluster munitions that cause unacceptable harm to civilians
Establish a framework for co- operation and assistance to parties to the Convention.
Destroy cluster munitions stockpile and obliges countries to clear contaminated areas and provide support to victims and affected communities.
6.0 Observations and Recommendations
6.1 The Committee observed that these Weapons (cluster munitions) cause great havoc to civilian population during and after war situation and therefore, recommends the need for this House to

act proactively by ratifying the Convention in order to prevent future suffering of humankind.

In the light of the above, the Committee further noted that, the ratification of this Convention will deter our future government! generations from using these weapons for military purposes.

6.2 The Committee further noted that the Convention prohibits any use, development, production, acquisition, stockpiling, transfer or retention of cluster munitions. Furthermore, the importance of the Convention in terms of Humanitarian Law which is the total banning of all weapons that have been manufactured and documented to create great human suffering was a point well noted. In view of the Committee, the ratification of the Convention will further contribute in establishing very important international standards for the conduct of all States" in future conflicts.

6.3 The Committee observed that, although Ghana is a country that has not purchased, stockpiled, manufactured, contaminated or affected by cluster munitions, it will be prudent to join the process to maintain our reputation and culture as a country that champions disarmament and peace on the international arena, and in keeping with our foreign policy of peace promotion and peaceful coexistence. This, in the view of the Committee, will further prohibit the use of these munitions by non-State actors in our current and future conflicts.

6.4 Additionally, Ghana is called upon to ratify the Convention to send clear signals against the production, stockpiling and use by State parties in wars and even deter non-State parties from using cluster munitions" so that in our quest for peace
Mr William Ofori Boafo (NPP - Akropong)
Mr Speaker, I beg to second the Motion and in so doing, I would like to state that it is necessary for us to help the ratification of this Convention because Ghana has a reputation for

championing peace on the international field.

Secondly, we have on our own set up an institution for the promotion of peace, like the Kofi Annan International Peace- keeping Centre and We have even, in anticipation of this event, also set up a special committee to handle this cluster munitions issue.

Mr Speaker, in ratifying this Convention, we have to impose on ourselves certain obligations and this is the right time to remind the Hon Minister for the Interior to ensure that we get the necessary legislative backing for the implementation of this Convention.

Mr Speaker, the advantages which will. accrue from the Convention are manifold. We are required to set aside the cluster munitions from munitions which are necessary for operational use. We are also required to, if we have some, to destroy the existing stockpile of cluster munitions. We are even given time to apply for extension if we intend to do that and we cannot do it within the time prescribed by the Convention.

Mr Speaker, there is also the necessity for us to make provision for age and gender personnel Within our community for the assistance from other able States who will be in the position to help us to provide medical care, rehabilitation and psychological support as well as social and economic welfare facilities for victims of cluster munitions.

Mr Speaker, it is also necessary for us to know that within 180 days after the ratification of the Convention, we are required to take some national implementation measures and this calls for the attention of the Hon Minister for the Interior. We also need to give some report as to the progress of implementation, such as the
RESOLUTIONS

Minister for the Interior (Mr Martin Amidu)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 75 of t e Constitution any Treaty, Agreement or Convention executed y or under the authority of the President in the name_of Ghana is made subject to ratification either by an Act of Parliament or by a Resolution of Parliament supported by the votes of more than one-half of all the Members of Parliament.
IN ACCORDANCE with the said article 75 of the Constitution, the President has caused to be laid before Parliament through the Minister responsible for the terror the Convention on Cluster Munitions (CCM)on 8th July, 2010.
NOW THEREFORE, this Honourable House hereby resolves to ratify the Convention on Cluster Muntions
(CCM).
Alhaji Sumani Abukari
Mr Speaker, I beg to second the motion.
Question put and motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker
Chairman of the Finance Committee, those Papers that We deferred laying, are they ready to be laid? I want to suspend Sitting for a short period and then we will come back. So, I want to find out, are they ready? If these Papers are ready, we can lay them before we suspend Sitting?
Mr Avedzi
Mr Speaker, they are not ready and so we are not able to work on them. I do not think we can have them to be laid. But we have one Motion, that is, Motion numbered 19 to take, and if we could take that one before We suspend Sitting, that would be fine.
Mr First Deputy Speaker
Very well. Hon Members, it will make our work lighter when we return. So Motion numbered 19 - Chairman of the Committee?
MOTIONS

Dr A. A. Osei
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to. Resolved accordingly.
Government of Ghana/IDA Credit Financing Agreement for FASDEP II
Chairman of the Committee (Mr James K. Avedzi)
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the Finance Committee on the Financing Agreement between the Government of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of SDR16.5 million (US$25.0 million equivalent) budgetary support for the implementation of the Food and Agriculture Sector Development Policy II
(FASDEP 11).
Mr Speaker, in doing so, I present your Committee's Report.
1.0 Introduction
The Credit Financing Agreement between the Government of Ghana and the International DevelopmentAssociation (IDA) of the World Bank Group for an amount of sixteen million, five hundred thousand Special Drawing Rights [SDR1 6 .5 million] (US$25.0 million equivalent) budgetary support for the implementation of the Food and Agriculture Sector Development Policy II (FASDEP ll) was laid in the House on Monday, 26th July, 2010 in accordance with article 181 of the 1992 Constitution of the Republic of Ghana.
Pursuant to Order 171 (1) of the Standing Orders of the House, the Agreement was referred to the Finance Committee for consideration and report.
The Committee accordingly met and considered the Agreement with the Deputy Minister for Food and Agriculture, Hon Yaw Effah-Baafi, Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh, and officials from the Ministries of Finance and Economic Planning and Food and Agriculture and hereby presents this Report
2.0 Background
The Ministry of Food and Agriculture initiated a policy programme by the World Bank christened Food and Agriculture Sector DevelopmentPolicy (FASDEP) that seeks to address the major constraints facing agricultural sector. The crux of the programme includes:
i. promotion of selected products through improved access to markets;
ii. development of and improved access to technology of sustainable natural resource management;
iii. improved access to agricultural financial services;
iv. improved rural infrastructure; and
v. enhanced human resource and institutional capacity.
3.0 Purpose of the Loan
The purpose of the loan is to support FASDEP in order to increase contribution of agriculture to growth and poverty reduction while improving the management of soil and water resources and also to provide focused attention to accelerated growth in agriculture to meet GPRS II goals through pro-poor growth in agriculture.
Chairman of the Committee (Mr James K. Avedzi)
4.0 Programme Key Policy Areas The key policy areas to be supported under the programme are:
i. implementation of the sector policy and completion of supporting policies or policy action; and
ii. improved planning and fiscal management, in line with the sector.
5.0 Terms and Conditions of the Credit
The Credit is concessionary with the following standard IDA terms:

Grace period -- 10 years

Repayment period - 25 years

Maturity period -- 35 years

Service charge -- 0.75% p.a. on withdrawn credit amount

Commitment fee - 0.5% p.a. on unwithdrawn balance

6.0 Justification

Low yield of staple crops continue to be an area of concern because of its impact on poverty and in meeting domestic demand. Besides, an increase in yield of cassava, yields of the other main crops have remained stagnant over the last five years. Yet, broad based crop production contributes 20.3 percent to

agricultural GDP growth, ahead of-forestry and cocoa, and therefore, plays a very important role in increasing agricultural

GDP.

In the past, technology delivery has been hampered and the opportunities to fully exploit them were marginal. Farmers are being equipped to utilise these technologies to enhance productivity.

Adoption is low because of disconnects between research and extension systems, and in the access to critical complementary inputs. In some instances, farmers lack the incentives to make productive investments. A more diverse system of delivery, using public-private partnerships, needs to be developed, which can cater for the more complex needs of the entire commodity chain needed for successful development of high value crops and livestock products.

Irrigation and improved Water resource management will also be an important factor in meeting growth targets and addressing rainfall variability in marginal areas. The Agricultural Services Sub- sector Investment Project (ASSIP), together with GoG and other donors supported the increase of irrigated agricultural production through the rehabilitation of nine (9) irrigation schemes, covering 1,864 hectares of rice (70 percent) and vegetables (3O percent). However, improving the management of these schemes, increasing water user fees for maintenance, addressing electricity tariffs are needed to sustain and take full advantage of these investments.

Development of small-scale irrigation in the country will depend on the implementation of a sound irrigation policy that addresses the business environment issues, and devolves more responsibility to Water users associations
APPENDIX I

Dr A. A. Osei (NPP- Old Tafo)
Mr Speaker, I beg to second the Motion. Mr Speaker, as read by the Chairman, this is a continuing facility and we are told on page 5 of the Committee's Report that this is the second and last disbursement of the programme for the implementation of the second phase of FASDEP.
Mr Speaker, this is a very important programme which helps to improve productivity in the agricultural sector, of Which we are told the crop production sector alone contributes about over twenty per cent of the Gross Domestic Product (GDP) of Ghana. Mr Speaker, on that basis, the facility is not very controversial.
My only Worry on the Report, though, is that, it appears that for some reason, this year, we are providing a smaller amount of subsidy to the farmers than we did last year. I have not been told the main reasons, so my concern is that I hope that this is only a temporary measure of going down on the subsidy for agriculture and that next year it would come back to at least, the 2009 levels.
Mr Speaker, page 5, under "Observations" I do not know - I crave the Chairman's indulgence.
It says:
"The Committee noted that the credit is in the Joint Assistance Strategy and Country Assistance Strategy."
With respect, the Credit cannot be in the strategy. The Credit is being used to fund the strategy, so if we can keep that in mind so that it can be treated as amended to read: "to fund both strategies", rather than as part of the strategy. I think it would make the meaning there much better.
Mr Speaker, with those few words, I. Want to urge Hon Members of this House to approve the last disbursement of this

budgetary support. I say budgetary support for emphasis because it is not a project.

Even though it sounds like a project, it will come as part of our budget and it is called the "sector budget support" and the amount is to the tune of US$25 million. I urge all Hon Members to support the FASDEP programme so that productivity in the agricultural sector which contributes over 20 per cent of GDP can be enhanced

Question put and motion agreed to.
RESOLUTIONS

Minister for Finance and Economic Planning (Dr Kwabena Duffuor)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), the terms and conditions of any loan raised by the Government of Ghana on behalf of itself or any public institution or authority shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), and at the request of the Government ofGhanaacu'11gthrough the Minister responsible for Finance and Economic Planning, there has been laid
THIS HONOURABLE HOUSE

Mr James K. Avedzi
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker
Hon Members, at this stage we would take some-How many minutes -- suspension? [Pause]
Mr Avoka
Mr Speaker, I think that in, the circumstances, we can take 30 minutes.
Mr First Deputy Speaker
_ Hon Members, yesterday we took 30 minutes, but 30 minutes for one hour - it ended up being one hour. But Hon Members, I want us to rise as early as we can today. So it is important that we come back early, so that we can conclude the business for the day.
Hon Members, the House is accordingly suspended for 30 minutes.
3. 02 p.m. Sitting suspended -
6.09 p.m. - Sitting resumed.
Mr First Deputy Speaker
Hon Members, order!
Hon Majority Leader, I have seen Addendum II of the Order Paper.
Mr Avoka
Thank you, Mr Speaker. Mr Speaker -
Mr First Deputy Speaker
l am just calling you to find out whether we are laying those Papers ---
Hon Majority Leader, are we laying those Papers?
Mr Avoka
Mr Speaker, I just Want to lay foundation -- I just want to, at least, apprise Hon Colleagues of the House before we go into the Addendum II Order Paper.
Mr Speaker, you would recall that Motion number 26, at page 13 is one of the outstanding Motions that we are supposed to do that relates to the STX Agreement-
Mr Speaker, you would also recall that with regard to the STX Engineering and Construction Ghana Limited Agreement with Government of Ghana there were two other Agreements, the O1£Taker Agreement and the JointVenture Agreement that we discussed in this Chamber, where you directed among other things that they should be laid.
Mr Avoka
Mr Speaker, in legal practice, it can always be held that no matter how good a lawyer is in making pleadings, sometimes he can make omissions or mistakes and so on. So, it is possible to make mistakes when one is filing one's statement of case or one's pleading. It is against this backdrop that judges normally allow people to amend their pleadings -
Mr Speaker, against this backdrop, we M that there is a material omission in Motion numbered 26 in the sense that the two Agreements, that is, the Joint Venture Agreement and the Off-Taker Agreement were not captured in the original Motion.

Mr Speaker, by way of consensus, and to ensure that this august House would knowingly do what is legally valid and correct, and would follow the due process, we have decided, in consultation with the Leadership of the two sides of the House, that we should lay the two Agreements before this House. And that is the result, the Addendum that we have submitted before this august House this evening.

Consequently, I am humbly requesting your permission to allow the Hon Chairman

of the Committee on Finance to lay these Papers and then we see the way forward for our subsequent discussions.

Thank you.
Mr Dery
Mr Speaker, the Hon Leader of the House has made a statement before the laying, which is allowed- But then in his statement, he said there was consensus in Leadership for this thing to be laid. And because of that, I think that We need to put in perspective from our side what the position is.
Mr Speaker, I was privileged on 28th of July, 2010 to be Acting Leader on this side when the Agreement on 30,000 housing project was laid. I got up and asked MI Speaker for guidance whether the other two Agreements were laid or not and Mr Speaker advised me that they were not laid. The matter of laying those two Agreements had been raised before and we continue to raise it and they have become subject matter of a court case.
However, when the Hon Majority Leader approached us, we thought that in good faith, we could go ahead and allow the laying of Papers to be effected. I need to state that if we looked at the Order Paper, it has been stated clearly that "Restated and Amended . . .", which means that they are issues that we raised to the former one and have been dealt with according to the Majority and we need to look at it in-depth and we will make the appropriate application to the Committee, that this matter should be referred for a diligent job to be done by this House.
Mr First Deputy Speaker
Hon Members, we are going to Laying of Papers. But I have been informed by the Table Office that the document that was
PAPERS

Mr First Deputy Speaker
Hon Members, Paper duly laid.
The two Papers are referred to the Joint Committee on Finance and Works and Housing.
Mr Avoka
Mr Speaker, in view of the fact that these two Agreements have been laid already - [Interruptions] - Mr Speaker, as you earlier indicated, it is a fact that when they were laying the amended version of the STX Agreement those two Agreements were among them; they were attached; they were part of it. So, all my Hon Colleagues have copies of the Agreements. There is no need to make fresh copies of the Agreements for Hon Members again; they have them.
Hon Colleagues, let me plead rose
Mr Avoka
Hon Deputy Minority Leader, let me finish and then you get up.

Mr Speaker, as I indicated, the joint Committee on Works and Housing and Finance has deliberated on these two Agreements extensively. I know it is only trying to meet the legal formality that we are doing, but in substance, they have studied the document. So I would humbly crave your indulgence that we suspend Sitting for one hour - [Uproar] -- and then the Committee would come back and
Mr Dery
Mr Speaker, these Papers have been laid today and they appeared on the Order PaperAddendum ll. And Mr Speaker, with your permission, I want to make an application that though you have already referred the two Agreements to the joint Committee, that you also refer it to the Legal and Constitutional Committee because of the vexed legal issues that are raised by those issues. [Uproar.]

Mr Speaker, we are dealing with the largest, highest single transaction in this country of US$10 billion. Mr Speaker, to talk about - The Hon Majority Leader has said that although these Papers were not laid, they were made available. Mr Speaker, let me put on record, that papers given to Hon Members of Parliament per se do not constitute laying and when they are laid, due process should be followed - re-distributed and referred to the various committees.

Mr Speaker, representative democracy has attained a different state now of monitoring democracy that we who hold

Mr Speaker, I, therefore, find the application by the Hon Majority Leader and Leader of this House out of place and meant to stampede this House and on behalf of the people of Ghana, I say let- [Interruptions] Mr Speaker, on behalf of the people of this country, let reason prevail; let us diligently deal with this matter. No one is against any attempt at getting houses -- [Interruptions]

Mr Speaker, I want it to be made clear on behalf of the Minority that we are prepared to work hand in hand with the Majority; to make sure that in consonance with due process, we diligently deal with this matter. One hour is not enough.

Thank you, Mr. Speaker.
Mr First Deputy Speaker
Hon Members, I have done the referral to the joint Committee. What I expect to be done is that, I would suspend Sitting for one hour, let the joint Committee -- [Interruptions] - [Some Hon Members: No way! No way!]
Hon Members, let the Joint Committee go and report to us that the one hour is sufficient or not sufficient for us, then we take it up from there.
Thank you.
6.27 p.m. -- Sitting suspended
9.55 p.m. - Sitting resumed.
Mr First Deputy Speaker
Hon Members, Laying of Papers.
PAPERS

Mr First Deputy Speaker
Reports duly laid for distribution to Hon Members.
Mr Avoka
Mr Speaker., I Wish to inform you that the two Reports have been distributed to Hon Members of this august House. Indeed, the STX Agreement was earlier laid in the House. We may wish to adopt Motion numbered 2 at page 2 on the Addendum ll Order Paper.
Mr Kyei-Mensah-Bonsu
Mr Speaker, thank you very much. Mr Speaker, after the events of the morning, which culminated in at times rather unsavoury remarks about even the Supreme Court, I thought we were making progress in conceding to lay the Joint Venture (JV) Agreement and the Ofi-Taker Agreement.
Mr Speaker, the point was made earlier by the Hon Majority Leader that the two documents, that is, the JV and the OifTaker have been deemed to have been laid alongside the Supplier's CreditAgreement But for the avoidance of doubt, Mr Speaker, I think we came to the realization that that was not done notwithstanding the fact that they came as attachments when the amended and restated Supplier's Credit Agreement was laid
Mr Speaker, as you do know, if the documents had been laid earlier alongside, they would have been appropriately captured as provided for under our Standing Orders,

that is specifically, Order 75 (3). Mr Speaker, so we came back to do what we thought ought to have been done. "Then we suspended Sitting, Leadership got together to plan the way forward.

Mr Speaker, the Leadership of the Majority and the Minority came together to plan the way forward. The conclusion was that the Agreements, that is, the two Agreements, the Joint Venture Agreement and the Off-Taker Agreement, were to be laid in the House and accordingly, thereafter they be referred to the appropriate committees, in particular, we thought, the Finance Committee and the Committee for Works and Housing.

Mr Speaker, it does appear that along the line, some pressures were exerted to the extent that when --- [Interruptions] - which culminated, Mr Speaker, rather regrettably, in another twist; that is when we came, instead of the Agreement that I thought we had had and which had been discussed at Leadership level and even at the Office of Mr Speaker, there was a sudden turn. Instead of what we had agreed on that the referral should be made to the joint Committee for a report to come to Parliament next week Monday, that is, the 9* of July, it then surfaces -- Mr. Speaker.

I am being questioned --"You and who?" I thought that I had made the position explicit, that it was a joint undertaking involving Leadership of the two sides of the House. Mr Speaker, some of us thought that what happened was a clear betrayal of trust and a breach of faith, to be very honest.

Mr Speaker, some of us thought that the one week referral, that is, as per the initial agreement, if that had been resorted to, was going to provide the opportunity for a more serious and diligent work by
Mr Kyei-Mensah-Bonsu
the joint Committee and also to provide us with the opportunity to address the service of the writ yesterday and the application for interim injunction, to enable us to show some respect to the Supreme Court.

Mr Speaker, it does appear that this opportunity has slipped by. Mr Speaker, the firm instruction from the Hon Majority Leader to the joint Committee, after the referral, that the Committee would have to go out and deliberate on the referrals for one hour and come to report to the House, I thought that was unfortunate - - I say so because Standing Order 119 provides that a committee to which a referral is made, is to determine the urgency. The committee is not to be Stampeded in any Way by any instructions from anybody, including the Hon Majority Leader or even the Hon Speaker.

Mr Speaker, Standing Order 171 (1) provides for the Finance Committee to examine, and Mr Speaker, with your indulgence, let me just quote:

"When a Loan Agreement or an international business or economic transaction that requires the authorisation of Parliament through a resolution is laid before Parliament it shall be the duty of the Committee on Finance to examine the Agreement or transaction and make recommendation to the House."

Mr Speaker, it is my firm conviction that the Committee on Finance, and in this case, acting in conjunction with the Committee on Works and Housing, ought

Mr Speaker, Standing Order 161 (1) provides for the entry into the House, of committee reports. Mr Speaker, clearly, the report is not to be predetermined by anybody, including myself, the Hon Majority Leader or the Hon Speaker. Mr Speaker, the resort to this contraption is unknown to this House and is a disservice, in my view, to the House and inflicts a mortal wound on parliamentary democracy.

Mr Speaker, may I take this opportunity to restate the position of the Minority on the Supplier's Credit Financing Agreement involving the construction of the 30,000 units of houses for the security services. Mr Speaker, I have indicated everywhere, as a person, upon our return from Korea and Dubai, that in principle, we support Governments bold declaration to provide 200,000 houses for Ghanaians. In principle, We support the provision of the 90,000 houses -- [Interruption] In principle, we support the provision of the 30,000 houses for the security services.

Mr Speaker, what we are not in favour of is the m0duS of provision. Mr Speaker, it is the vehicle that Government wants to resort to. These are our objections. Mr Speaker, by this conduct of apparent summersault and reneging on what has been agreed on, and obviously, the springing of a surprise by the Majority on the Minority, the Minority would henceforth find it extremely difficult to co- operate With the Majority in prosecuting government agenda. [Interruption] Mr Speaker, I am prepared and we are prepared ‘to endure the raucous interventions. We are prepared. But this is a bold signal --- [Interruption.]
Mr First Deputy Speaker
Hon Members, order! Let us listen to the Hon Minority Leader.
Mr Kyei-Mensah-Bonsu
Mr Speaker, from hence, we will see how we will transact business in this House. Mr Speaker, I believe the Leadership and all concerned should take notice.
Mr Speaker, it is for these reasons that Hon Members of the Minority on the Committee on Finance and Works and Housing declined to participate in considering the referral which was made to them this evening.
Mr Speaker, now, considering the fact that it is unthinkable for any parliamentary committee, in particular, the Committee on Finance to take one hour to consider the Joint Venture Agreement involving the approval to a US$10 billion facility. Considering the fact also, that it is also unthinkable for the Committee to take one hour to do serious diligence and recommend for approval to Parliament a US$45 billion facility.
Mr Speaker, considering the fact that as I have already indicated, we were not part of the committees which considered the referrals in deference to the Supreme Court because of the potential of being cited for contempt - [Some Hon Members: Oh!] - we in the Minority are unable to further participate in these three STX Agreements for the rather farcical and patapaa manner in which this business is being conducted.
Mr Speaker, may I put, in spite of my earlier declaration, and I still cling to it, that STX Korea has the technical competence to engage in their endeavour; what we have said relates to the capacity to deliver and the financing arrangement of these Agreements.

Mr Speaker, on this note, as I have already indicated, we want to withdraw from further participation in this business.

I thank you.
Some Hon Members
Shame! Shame! Bye. P. C.! P.C!
Mr First Deputy Speaker
Hon Members, order! Hon Members, order!
Hon Members, before we start proceedings, I would want to place on record two quick points - Very well, Hon Majority Leader.
Mr Avoka
Mr Speaker, I thought that, with the greatest respect, I should respond to some of the issues raised by my Hon Colleague because we had the discussion earlier in the day. For record purposes, Hon Colleagues - [Interruptions].
Mr First Deputy Speaker
Hon Majority Leader, if they had wanted to listen to you, they would have stayed for your responce before leaving, so, kindly respond. Hon Majority Leader, whatever you say will be on the record for posterity -- [Some Hon Members: Yes .]
Mr Avoka
Mr Speaker, it is said that actions speak louder than words. [Hear] Hear! ] And if anything is there to go by, the Hon Minority Leader and the Hon Colleagues on the other side of the House have often said that in principle, they agree to this transaction, and that there is a need to provide decent accommodation to our security services which have been
Some Hon Members
Mention their names. Mention their names.
Mr Avoka
Mr Speaker, Hon Akoto Osei was present, Hon Joe Ghartey, Hon K. T. Hammond -- and Hon Dan Botwe was present. We were only two, my Deputy and myself. They said that we should go and come back in two weeks' time and I said we could not accept that. Then they said we should allow them to do their congress and then come back on Monday and do it. And I told the Hon Minority Leader that we were at the discussion stage, he should let me go and present this to my group and then come and give him the feedback.

Mr Speaker, I want to put it on record that whatever discussion took place between the Leadership is subject to ratification by our Hon Members. It is not absolute discussion and agreement. We normally need to sensitize each other and come back and say that we have sensitized our Colleagues on the other side; this is the way they are thinking. And it is not that it is an agreement between the Minority Leader and myself that it must be taken on Monday.

So, when the Hon Minority Leader raised the issue of betrayal of trust and a breach of faith, I found those terms to be unfortunate. I find them to be unfortunate because there is no issue of betrayal of trust here; I did not commit myself to him, that, yes, We were going to take this matter on Monday. I did not, I did not commit myself to him that We were going to take this after two weeks or one month.

I told him that we have heard their concerns; these are also our concern. Our position is that we must take the Motion today and finish it. As I said, he had some people to back him to back out from the earlier agreement that we could take it today or tomorrow. I did not have people to back me up at that stage, so I had to brief my House.

MI Speaker, if they are doing this in good faith, if they are committed to this transaction, it is my submission that they were merely buying time so that they will then - [Interruptions] - go back to the Supreme Court tomorrow and get an injunction to restrain us. They were buying time. Their action is not in good faith; the pronouncements the Hon Minority Leader was making here are not in good faith. They are not intended to bring about the progress and development of this country. This is my observation.
Some Hon Members
You win, you win.
Mr Avoka
Mr Speaker, I am very sorry. I think that if the Minority were taking a cue, they should have known that since 10 o'clock, many Ghanaians - they are here today not because they love to be here, but because of the commitment to the transaction that we want to approve. That is the commitment. [Hear! Hear!]
Mr Speaker, when have we had the gallery full from 10.00 a.m. to 10.00 p.m.? We have never had this. Why are they here and why should we let them down? These policemen have been there all this time -- [Interruptions] - And if the Minority are interested in salvaging them, interested in helping them, they would have said that -
"yes, if it were left with you the Majority, we would not listen to you but because of the masses who are there, who are going to be the beneficiaries of this project, we will sit down and do this debate)'

Mr Speaker, before I come there to show you the numbers or the provision of the law, my Hon Colleague made reference to the matter before the Supreme Court, that was why I said earlier that they were merely buying time and not that they were asking us to postpone this until Monday in good faith-
Mr First Deputy Speaker
Hon Majority Leader, what we should be doing is that we should quickly take the Motions - [Interruptions] - the numbers would matter at the point when I am putting the Question. So at that point even if everybody outside has returned, we will count them.
Mr Avoka
Thank you, Mr Speaker. I just want to conclude by saying that I had earlier referred you to article 104 and it says that --
"Except as otherwise provided in this Constitution, matters in Parliament shall be determined by

the votes of the majority of Members present and voting with at least half of all the members of Parliament present."

And I say we satisfy this constitutional requirement.

I regret, Mr Speaker, I must say, my Hon Colleagues, I regret that they have walked out. I am sorry that they have Walked out. But we know that this is part of parliamentary practice. Walking out is not going to begin today and it is not going to end today. I only hope that as they are going out and they sleep, I believe they would reflect on this soberly and good judgment would prevail upon. them and in the future, they would join us to do business in this House.
Mr First Deputy Speaker
Thank you very much, Hon Majority Leader.
Hon Members, I think that it is late and I think that we should - Yes Hon Deputy Minister for Energy -
Mr Inusah A. B. Fuseini
Mr Speaker, I just want to draw your attention to something that happened this afternoon or this early evening when you entered this Honourable House. When you did so, the Minority refused to recognize your presence; they sat and showed gross disrespect to this Honourable House and the Chair. It shows that when their emotions take control of them, they lose appreciation of the etiquette of this House.
Indeed Mr Speaker, this is a House composed of two sides - the Majority and the Minority. In electing our Deputy Speakers, We have elected them from both sides of the House -- the Hon First Deputy Speaker from the Majority and the Second Deputy Speaker from the Minority. Mr Speaker, I just hope that, when they do return after the recess, and it so happens that the Hon Second Deputy Speaker is in the Chair, and the Majority
Mr First Deputy Speaker
Hon Deputy Minister, vengeance is the Lord's.
Hon Members, I want to make two quick points. The first point I want to make is that nobody, not even the Chair stampeded the joint Committee to consider this matter. The direction that I gave was that they should. go and look at the two documents. If they could do it within the one hour, they should come back and report to this House. If they could not do it within the one hour, they should come back and report to this House. We left the matter to them; they came back with a Report. I think that it should not be - for the purpose of the record, we want to state that nobody stampeded the joint Committee.
The second point I would want to make is that the Hon Minority Leader did make reference to respect for the Supreme Court. I have learned under the feet of one of the greatest juries of this country, as a young lawyer in this House - late Hon Justice Annan. And I can only quote his words on this occasion. When the case of The retained Hon Ministers cropped up on the floor of this House - that was on 19* February, 1997 -- I would quote only one sentence, then we proceed:
"I remind you of the constitutional provision that there is absolute freedom of proceedings in this House and that freedom cannot be impeached in any place outside Parliament."
And if I add my own words "even in the court"
Motion number 2
Mr Avoka
Mr Speaker, if you would not mind, I think it would be better to take Motion number 4. We will do the Off- Taker and the Joint Venture ones before the STX one. This is because the STX is conditioned upon them.
Mr First Deputy Speaker
Very well. Hon Chairman -
MOTIONS

Chairman of the Committee (Mr James K. Avedzi)
Mr Speaker, I beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the" date on which the Motion for the adoption of the Report of the joint Committee on Finance and Works and Housing on the restated and amended Off- Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana Ltd relating to the Ghana Housing Project may be moved today.
Mr David T. Assumeng
Mr Speaker, I beg to second the Motion.
Question put and motion agreed to.
Resolved accordingly.
Joint Report on restated and amended Off-TakerAgreement between GoG/STX Engineering and Construction Ghana Limited
Chairman of the Committee (Mr James K. Avedzi)
Mr. Speaker, I beg to move, that this Honourable House adopts
Chairman of the Committee (Mr James K. Avedzi)
the Report of the joint Committee on Finance and Works and Housing on the restated and amended Off-Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited relating to the Ghana Housing Project.
In doing so, I present the Committee's Report.
l.0 Introduction
The restated and amended Off-Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited relating to the Ghana Housing Project was laid in the House on Tuesday, 3rd August, 2010 and referred to the joint Committee on Finance and Works and Housing for consideration and report in accordance with article 181(5) and the Standing Orders of the House.
The Committee met and considered the Agreement with the Minister for Water Resources, Works and Housing, Hon Alban Sumani Kingsford Bagbin; his Deputy, Hon Maj. (Dr) (Alhaji) Mustapha Ahmed (retd); Minister for Finance and Economic Planning, Hon Dr Kwabena Duffuor and his Deputy, Hon Seth Terkpeh; ‘the Attorney-General and Minister for Justice, Hon Mrs Betty Mould-Iddrisu and technical teams from the Ministries of Finance and Economic Planning, Water Resources, Works and Housing and Attomey-Generals Department and hereby presents this Report
2.0 Reference Documents
The Committee, in its deliberations, made reference to the following documents:

i. The 1992 Constitution of the Republic of Ghana.

ii. The Joint Venture Agreement among the Government of Ghana acting through the Ministry of Water Resources, Works and Housing, STC Engineering and Construction, Ghana Limited and HFC Bank-(Ghana) Limited relating to the Ghana Housing Project;

iii. Loans Act, 1970 (Act 33 5) and;

iv. The Standing Orders of the House.

3.0 Background

The Government on 9th December, 2009 entered into an Off-Taker Agreement with STX Engineering and Construction Ghana Limited, which Was later revised and entered into on 23rd July, 2010. The Ministry of Water Resource, Works and Housing entered into this Agreement to develop 200,000 units of houses (Ghana Housing Project) in all the ten regional capitals over the next five years on the basis of Public Private Partnership.

Under the Off-Taker Agreement, the Government of Ghana agreed to acquire ninety thousand (90,000) units of houses, representing 45 per cent of the housing project; thirty thousand (30,000) units out of the total 90,000 units to be duty post accommodation for security agencies.

4.0 Purpose of the Agreement

The purpose of the amended and restated Off-Taker Agreement is to initiate a housing development project (Housing Project) whereby over the next five years, two hundred thousand,(200,000) housing units would be built in ten cities in Ghana by STX Engineering and Construction
Chairman of the Committee (Mr James K. Avedzi)
Ghana Limited, forty-five percent (45%) of which the Government of Ghana (GoG) will become an off-taker.
5.0 Observations
The Committee observed that under article l of the Off-TakerAgreement, the Government of Ghana undertakes to purchase 45 per cent of the 200,000 housing units to be constructed under the housing project.
Article 2 of the Agreement requires STX to use its best endeavours to maximize the financial, geological and design criteria to obtain a minimum cost per unit of housing that is commensurate with the design and quality that will meet the requirement of the Government of Ghana
The Committee further observed that under the restated and amended Ofi"-Taker Agreement, the Government of Ghana undertakes to issue in favour of STX, a sovereign guarantee under section 10 of the Loans Act, 1970 (Act 335) securing its financial obligations in relation to the GoG Off-Taker, valid and sufficiently viable to enable STX to obtain funding from financiers and investors for the forty-five per cent of the 200,000 housing units to be built under the housing project.
The Agreement further requires the Government of Ghana, in relation to the Off-Taker Agreement, to waive its sovereign immunity, excluding its immunity in relation into diplomatic consular and military assets.
It was noted that STX's obligations under the Off-Taker Agreement include the planning, designing, implementation and execution of the GoG Off-Taker at the sites in accordance with international standards.

STX is also to obtain funding for the execution of the GoG Off-Taker utilizing the GoG's guarantee.

Some Hon Members of the Committee Wanted to know Why the country is waiving its sovereign immunity under the Agreement. It was however, explained to the Committee that this is a normal part of international business practice where a State decides to borrow from the capital market. Such a clause is normally included to enable the creditor to prevent the debtor government from claiming immunity from attachment of its property judgment with the exception of consular, diplomatic and military assets.

On the cost implication of the Off-taker to the Government of Ghana, the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh explained to the Committee that the cost would be determined as and when an agreement is reached for the delivery of a particular number of the housing units out of the required 90,000.

5.1 Taxes

In order to execute the GoG Ofi1Taker, the Government of Ghana is required to provide an irrevocable waiver of taxes, duties, withholdings, and imposts, when applicable, on specific machinery and equipment, spare parts and personal effects and materials to be used for the execution of the GoG Off-Taker, as well as income tax exemption for contractors and specific expatriate personnel.

6.0 Conclusion

In view of the need to provide housing units to reduce the current housing deficit in the country, the Committee recommends to the House to adopt this Report and approve by Resolution, the restated and amended Off-Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana
Mr David T. Assumeng
Mr Speaker, I beg to second the Motion. In doing so, I Want to urge all Hon Members to vote massively for this good programme.
Question proposed.
Minister for Water Resources, Works and Housing (Mr Alban S. K. Bagbin)(MP)
Mr Speaker, it is important that we say a few words about this transaction because it came to the House on the 4th of May, 2010 and since then we have been going through these documents together. As a result of earlier discussions held by Government, and also discussions held in this House, we had to review some provisions of these documents, particularly the one that we are looking at which is the Joint Venture Agreement
But more importantly Mr Speaker, the Committee, when these were re-laid on the 28th of July, 2010 held a meeting to discuss these Agreements -- that was on Friday, 30* July, 2010 and the meeting took place at the new parliamentary building annex, from around 9.30 am to 2.30 p.m. We went through the provisions of these Agreements.
In fact, the Minority were part of the meeting and they raised a lot of issues; we explained them to their satisfaction. They requested for additional information and documentation, which we placed at their disposal, including designs and

drawings of the buildings, and the unit price of the buildings.

We provided all that to the Minority and this was in fact, to some of us, a surprise when they are giving the impression to the whole world that these things are being rushed through. It is very, very unfortunate. We have never, never in this House given such op en and transparent discussion of any Agreement or any Financial Instrument that has been brought to this House.

I have been here, and a few of us are the oldest- [Hear! Hear!] Truly, Mr Speaker, you being my Colleague from January, 1993 , we can testify that we have never, never had this kind of experience, and in fact, we have even at some times had to bend backwards to make available even discussions that were held to get these things.

In fact, some Hon Members of the Minority came for even the proposals, the copious documents, not only on the subject matter but even what was written by the College of Architecture and Planning of the Kwame Nkrumah University of Science and Technology. They have all those documents. So these days, where we have the "Latter Day Saints' who are behaving as if they have never been in government , it is sad; really very sad. But well, whatever you do in this world, you do it for yourself.

So, Mr Speaker, it is with this that I totally support the Motion and urge Hon Members to totally, wholeheartedly vote for it because this is a project that is going not just to provide houses for our people but it is a project that will catalyse the economy and make sure that we move faster to the middle income status as We are all yearning to do.

I thank you very much for this opportunity.
Mr P. C. Appiah-Ofori (NPP - Asikuma/Odoben/Brakwa)
Mr Speaker, the "passing of this Motion depends on the passing, of the parent Motion. If the parent Motion is found to be defective, this one is redundant. So, one has to he very careful.
- Mr Speaker, it is a requirement that - and with your permission, let me probably even read it. Section 3 of the Loans Act states, and with your permission, I quote
"Subject to the provisions of this Act the Government may enter into any agreement providing for the raising by the Republic of an external loan."
Then you come to the Constitution, article 181 (2) says,
"An agreement entered into under clause (1) of this article shall be laid before Parliament and shall not come into operation unless it is approved by a resolution of Parliament."
Clause 5 says,
"This article shall, with the necessary modifications by Parliament, apply to an international business or economic transaction to which the Government is a party as it applies to a loan"
Mr Speaker, the point here is that "the Agreement entered into" simply means that all the parties to the Agreement ought to have signed the Agreement. When an Agreement is entered into, it means the Agreement is dated and all the parties to the Agreement have signed.
MrAvedzi
Mr Speaker, I just want to correct my Hon senior Member that the Agreement that he is referring to, that he said has not been signed, has been signed- In fact, the Off-Taker Agreement - I am holding a copy here. The Off-Taker Agreement is the main Agreement and on page 5, this has been signed here by Hon Alban S. K. Bagbin, Hon Minister for Water Resources, Works and Housing, witnessed by MI Ziblim Yakubu, Chief Director, Ministry of Water Resources, Works and Housing.
On behalf of STX Engineering and Construction Ghana Limited it was signed by Kim Yong Chan- [Laughter] Chief Operating Officer, STX Ghana and B. K. Asamoah, CEO, STX Ghana and witnessed by Kim Kook Hyun, [Some Hon Members: Wao]- Chairman of STX Ghana. So We have the Agreement signed. If he has no copy, we can make a copy available to him.
Mr Appiah-Ofori
Mr Speaker, -it appears to me my very good Friend - I call him my son - did not listen to me. I have no quarrel with the Off-Taker's Agreement; I am not talking about that, please -
Mr First Deputy Speaker
Hon P. C. Appiah-Ofori, the Motion is about the Off- Taker Agreement. If you have an issue of relevance -- if you have another with the Off-Taker, raise it because the Off- Taker, according to the Chairman, has been signed.
M1-Appiah-Ofori: Mr Speaker, listen to me, please. What I am saying is as simple as A, B, C and D . [Interruptions.] The
Mr First Deputy Speaker
Hon P. C. Appiah-Ofori, you still have the floor.
Mr Appiah-Ofori
Mr Speaker, we have the Supplier's Credit Financial Agreement between STX Engineering and Construction Ghana Limited, the Supplier and the Government of Ghana. If this Agreement is not there, there is no need for the Off-Taker. If this Agreement is not there -
Mr First Deputy Speaker
Hon P. C. Appiah-Ofori, it is the other way round. What your people call the "grandmother," the "mother" and the "grandson"; so that is why when I called Motion number 2, the Hon Majority Leader rightly drew my attention that we had to take the Off-Taker Agreement first and then based on the explanation, I quickly agreed with him and moved to Motion number 4.
Mr Appiah-Ofori
Mr Speaker - [Pause]
Mr First Deputy Speaker
Hon P. C. Appiah-Ofori, I think the point has been explained to you. In any case, as of now, We are on the Off-Taker Agreement, that is the Motion. When we come to the Supplier's Credit and if you want to make any submission, you can make it. But for now, any attempt to go to the other one, will be out of order.
Mr Appiah-Ofori
Mr Speaker, the Off- Taker and the other one, the Joint Venture, they are related to the "parent". Without this, Mr Speaker, this is nothing -
Mr First Deputy Speaker
Hon P. C . Appiah-Ofori.
Mr Appiah-Ofori
Mr Speaker, listen to me.
Mr First Deputy Speaker
Hon P. C- Appiah-Ofori, the point being made is that there are three separate Motions and three separate Resolutions to be taken. So, let us limit ourselves, make your submission, and then when we get to the Supplier's Credit, you can make any submission you want to make.
MrAppiah-Ofori
Mr Speaker, at all times, we must try and do the right thing in the interest of Ghana. If we just shut our eyes and do the wrong thing, We destroy the country for the younger ones. Something which is palpably wrong, we must correct it for the benefit of the country. I am drawing attention to what is palpably wrong, so that we correct it -[Interruption] What is the problem?
Mr First Deputy Speaker
Hon P. C. Appiah-Ofori, you are still on the floor, we are listening to you.
Mr Appiah-Ofori
Should I continue with my arguments? [Pause. ] MI Speaker, what I am trying to state here is that we should correct this one so that in future We may not be taken on.
The ‘parent' document is in conflict with the Constitution; it offends the Loans Act. So, when this was withdrawn for correction, I Was expecting that all these omissions would be corrected. They have not been corrected and you want to gloss over them and give approval? One day, one day, the whole thing will be regarded null and void, ab initio.
Mr First Deputy Speaker
Hon Member for Shaina, where is your partner?
Mr G K. Essilfie
My partner left me - [Laughter]
Mr First Deputy Speaker
He could not stand the test of time?
Mr Essilfie
Mr Speaker, I think the Hon Member is misleading the House. He is my senior Brother but I think what he is referring to as being the "grandfather" or "grandmother agreement", is the Agreement that the US$ 10 billion is being referred to, and that indeed, is not the Supplier's Credit Agreement that he is referring to as being the "grandmother".
Mr First Deputy Speaker
Hon Members, I think the point being made by the Hon P. C. Appiah-Ofori is that he is trying toraise an issue and if it is something that has to be corrected, must be corrected. So, let us listen to him.
Mr Appiah-Ofori
Thank you very much. You will grow older than Methuselah. [Laughter]
Mr Speaker, when my Colleagues were going out, I did not go with them because I wanted to draw attention to this. At the end of the day, if a decision is taken, it will not be nullified one day by anybody.
As I have said, the document that should come to us for discussion, must be an agreement entered into. And when an agreement is said to have been entered
into, it is the agreement which has been signed by the parties to the agreement. So, this document here, if you look at page 21 - [Interruptions] Mr Speaker, look at page 21, you will see the execution page -- and this page is blank and not signed by the supplier's, neither has it been signed by the Ghana Government - [Interruptions]
MrA. S. K. Bagbin
Mr Speaker, on a point of order.
Mr Speaker, I think the Hon Member who is a very good Friend of mine is misleading the House. We are dealing with Motion number 5 on the Order Paper, addendum 2, at page 3, and that Motion is on the Off-Taker Agreement. Now, what he is referring to is the Supplier's Credit Agreement. We have not reached that Motion yet, so he should hold his gun, when we get to that Motion, he can raise it
All the sections he quoted, with respect to the Loans Act, deal with loans but this one, we are still discussing the Agreement; we have not reached the loans yet So, he should allow this to go through, when we get to the Supplier's Credit Agreement, he can raise these issues and we will react to them and then the House will then be on course. But now, he is mixing the two issues and I think that he should be corrected at this stage.
Mr First Deputy Speaker
Hon Appiah-Ofori, kindly conclude.
Mr Appiah-Ofori
Mr Speaker, should I continue? [Laughter]
Mr First Deputy Speaker
Hon Members, I have made that point earlier that most of the points he is raising are more related to the Supplier's Credit. The best approach is for him to wait until we get to the Supplier's Credit, then he can raise those points.
So, Hon Appiah-Ofori, you will have the chance again to raise those points.
Mr Appiah-Ofori
All right, I will Wait. As I said, this one is good for the country; anybody who says this is not good, the person is not a patriot. [Hear! Hear!] But you should do it well, so that nobody will set it aside one day. [Hear! Hear!]
Mr First Deputy Speaker
Hon Members, that brings us to the end of debate on Motion number 5.
Question put and Motion agreed to.
RESOLUTIONS

Minister for Finance and Economic Planning (Dr Kwabena Duffuor)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181(5) of the Constitution the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANTto the provision of the said article 181 (5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Finance and Economic Planning, there has been laid before Parliament the terms and conditions of a restated and amended Off-Taker Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited relating to the Ghana Housing Project
THIS HONOURABLE HOUSE

Mr James K. Avedzi
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
MOTIONS

Chairman of the Committee (Mr James K Avedzi)
Mr Speaker, l beg to move, that notwithstanding the provisions of Standing Order 80 (1) which require that no Motion shall be debated until at least forty-eight hours have elapsed between the date on which notice of the Motion is given and the date on which the Motion is moved, the Motion for the adoption of the restated and amended Joint Venture Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited and HFC Bank (Ghana) Limited relating to the Ghana Housing Project may be moved today.
Mr David TAssumeng
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.

GOG/STX Engineering and Construction Ghana Limited/HFC Bank (Ghana) Limited Agreement
Chairman of the Committee (Mr.James K. Avedzi)
Mr Speaker, I beg to move, that this Honourable House adopts the restated and amended Joint Venl11reAgreement between the Government of Ghana and STX Engineering and Construction Ghana Limited and HFC Bank (Ghana) Limited relating to the Ghana Housing Project
Mr Speaker, I present the Committee's Report.
1.0 Introduction
Mr Speaker, the restated and amended Joint Venture Agreement among STX Engineering and Construction Ghana Limited, HFC Bank (Ghana) Limited and the Government of the Republic of Ghana relating to the Ghana Housing Project was laid in the House on Tuesday, 3rd August, 2010 and referred to the joint Committee on Finance and Works and Housing Pursuant to article 181 of the Constitution and Order 171 (1) and 180 of the Standing Orders of the House, the Agreement was referred to the joint Committee on Finance and Works and Housing for consideration and report.
The Committee met and considered the Agreement with the Minister for Water Resources, Works and Housing, Hon. Alban Sumani Kingsford Bagbin, his Deputy, Hon Maj. (Dr) (Alhaji) Mustapha Ahmed (retd), Minister for Finance and Economic Planning, Dr Kwabena Duffour, his Deputy, Hon Seth Terkpeh, and Attorney -General and Minister for Justice, Hon Mrs Betty Mould-Iddrisu and technical teams from the Ministries of Finance and Economic Planning, Water Resources, Works and Housing and the Attorney-General's Department and hereby present this Report.
2.0 Reference Documents
The Committee in its deliberations, made reference to the following documents:
i. The 1992 Constitution of the Republic of Ghana;
ii. The Standing Orders of the House; and
iii. The restated and amended Off- Taker Agreement between the Government of Ghana, acting through the Ministry of Water Resources, Works and Housing and STX Engineering and Construction Ghana Limited relating to the Ghana Housing Project.
3.0 Background
The Government of Ghana intends to initiate a housing development project (Housing Project) whereby
(i) over the next five (5) years, i 200,000 housing units will be built in ten cities in Ghana, forty five per cent (45%) of which the GoG will become an off-taker to meet some of the accommodation needs' of security agencies of Ghana (the GoG Off-Taker) and HFC will become an Off-Taker (not as the owner but as the principal mortgage finance. provider) of the remainder (that is 55 percent) and
(ii) 300 units will be built on the Build, Lease, Operate basis to house Members of Parliament, Ministers and State Protocol Department and visiting VVlPs thereof.
4.0 Purpose of the Agreement
Mr Speaker, the purpose of the Agreement is to enable the Government of Ghana (GoG) to participate in establishing a Joint Venture special purpose company (project company) With STX through HFC which the GoG expressly grant and authorize to act on behalf of and represent the GoG in the Project Company.
Chairman of the Committee (Mr.James K. Avedzi)
5.0 Observations
5.1 The Committee noted that, the parties agreed that subject to initial shareholding of the Project Company and the cost of housing, STX shall be the registered holder of 90 per cent of the issued shares of the project company and HFC representing and acting on behalf of GoG, shall be the registered holder of 10 per cent issued shares of the project company.
5.2 STX shall be responsible for such equity contribution as is required to register the project company. Other than such initial contribution necessary for the registration of the project company, all financial plans for the housing project, including but not limited to how to finance the housing project, the amount of the parties' respective equity and the schedule for the injection of such equity by the party, shall be mutually agreed upon as soon as practicable after STX completes its financial analysis on the housing project.
5.3 The parties will enter into shareholders' agreement, separate from this Agreement, setting forth the terms and conditions for issues such as transfer of shares and fair value evaluation.
5.4 The Committee noted that the GoG, through Ministry of Water Resources, Works and Housing (MWRWH) of Ghana or through, when proper, its other designated Minister, shall obtain complete, final and irrevocable approvals from any and all relevant governmental authorities and/or the Parliament of the Republic of Ghana necessary for the housing project, including but not limited to:

5.4.1 provision of all land designated as sites ("Sites") for the housing project free from any and all encumbrances, claims or disputes of any nature, at no cost to STX;

5.4.2 provision of any and all infrastructure necessary for STX to freely access the sites and successfully execute the housing Project, including but not limited to water, electricity, telephone, roads, sewerage, drainage, et cetera;

5.4.3 granting of exemptions of tax, duty Withholding, and impost, when applicable, on specific machineries and equipment, spare parts and personal effects and material to be used for the execution of the housing project as Well as income tax exemption for contractors and specific expatriate personnel; and

5.4.4 entering into agreement with HFC Bank for the purpose of implementing the project.

The Committee was informed that the provision of the above facilities is to ensure that the cost of the houses do not go beyond the reach of ordinary Ghanaians.

5.5 The Committee noted that for the limited purpose of enforcement of the Agreement, the GoG expressly and irrevocably waives any and all of its sovereign immunity, including but not limited to the immunity in respect of

i. being sued in any jurisdiction including an arbitral tribunal;

ii. enforcing a judgment and/or award against the GoG, its assets and/or revenues;
Mr David T. Assumeng
Mr Speaker, I beg to second the Motion.

Question proposed
Mr Dominic A . Azumah (NDC - Garu/Tempane)
Mr Speaker, I am referring to the Report on (5.4.3), "Granting of exemptions of tax, duty

withholding . . ." Mr Speaker, this is a standard practice and having been in this House for all these number of years, we did grant similar exemptions when we were approving the Jubilee House and other projects including the stadia which Were constructed for CAN 2008. I think that this is a very important provision which will go a long way to support STX in the provision of the necessary houses.

Mr Speaker, on that note, I urge my Colleagues to support the Motion and vote massively for its approval.
Minister for Water Resources, Works and Housing (Mr Alban S. K. Bagbin)(MP)
Mr Speaker, the Joint Venture Agreement is between three parties -- STX Engineering and Construction Ghana Limited, the HFC (Ghana) Limited and the Government of Ghana.
Mr Speaker, the HFC has been brought in because we all know the experience that HFC has in the housing industry. And because of the bad experience that this country had undergone by governments trying, particularly the previous regime, to handle, manage and supply even building materials to the affordable housing estate, which actually is a very berserk way of doing business in that industry, Government decided to use a specialized institution like the Home Finance Company to handle this matter.
It is also important for us to mention here that in trying to build the Jubilee HOIJS6,-W6 were compelled to move senior police and military officers to a different location and the NPP Government at that time bought a single 3-bedroom self- contained unit at US$250,000 -- [Some Hon Members - Eh! ] So, Iain surprised that they are raising the issue of cost which is being pegged here far below
US$50,000.
RESOLUTIONS

Dr Kwabena Duffuor
Mr Speaker, I beg to move, that

WHEREAS by the provisions of article 181 (5) of the Constitution, the terms and conditions of any international business or economic transaction to which the Government of Ghana is a party shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;

PURSUANT to the provisions of the said article 181(5) of the Constitution, and at the request of the Government of Ghana acting through the Minister responsible for Finance and Economic Planning, there has been laid before Parliament the terms and conditions of a Restated andAmended IointVent1JreAgreement between the Government of Ghana and STX Engineering and Construction GhanaLimited andHFCBank(Ghana) Limited relating to the Ghana Housing Project
THIS HONOURABLE HOUSE

Mr James K Avedzi
Mr Speaker, I beg to second the Motion
Question put and Motion agreed to.
Resolved accordingly.
MOTIONS

Chairman of the Committee (Mr James K. Avedzi)
Mr Speaker, I beg to move, that this Honourable House adopts the Report of the joint Committee on Finance and Works and Housing on the Supplier's Credit Financing Agreement between the Government of Ghana and STX Engineering and Construction Ghana Limited for an amount of US$l,525,443,468.00 for the construction of 30,000 units of houses under the Security Services Housing Project.
Mr Speaker, I present the Report of the Committee.
l.0 Introduction
The Supplier's Credit Financing Agreement between the Government of the Republic of Ghana and STX Engineering and Construction Ghana Limited (STX Ghana) for an amount of one billion, five hundred and twenty-five million, four hundred and forty-thIee thousand, four hundred and sixty-eight United States dollars (US$1,525,443,468.00) for the construction of thirty thousand (3 0,000) units of houses under the Security Services Housing Project, was first laid and referred to the Committee on 4th May,
2010.
This current Agreement was however, laid in the House on Wednesday, 28th July, 2010 after the withdrawal of the one laid earlier. Pursuant to article 181 of the Constitution and Orders 171 (1) and 180 of the Standing Orders of the House, the Supplier's Credit Agreement was referred to the joint Committee on Finance and Works and Housing for consideration and report.
The Committee met and considered the Agreement with the Minister for Water
Resources, Works and Housing, Hon Alban Sumani Kingsford Bagbin, his Deputy, Hon Maj. (Dr) (Alhaji) Mustapha Ahmed (retd.), the Deputy Minister for Finance and Economic Planning, Hon Seth Terkpeh, and technical teams from the Ministries of Finance and Economic Planning and Water Resources, Works and Housing and hereby present this Report.
2.0 Documents
The Committee, in its deliberations, made reference to the following documents:
i. The 1992 Constitution of the Republic of Ghana;
ii. The Standing Orders of the House;
iii. The Off-Taker Agreement;
iv. The Joint Venture Agreement;
v. Loans Act, 1970 (Act 3 35);
3 .0 Background
The Government on 9th December, 2009 entered into an Off-Taker Agreement with STX Engineering and Construction Ghana Limited, which was later revised and entered into on 23rd July, 2010. The Ministry of Water Resources, Works and Housing entered into this Agreement to develop 200,000 units of houses (Ghana Housing Project) in all the ten regional capitals over the next five years on the basis of public- private partnership.
Pursuance to the OE-Taker Agreement, the Government of Ghana agreed to acquire ninety thousand (90,000) units of houses, representing 45 per cent of the housing project; thirty thousand (3 0,000) units out of the total 90,000 units are to be duty post accommodation for security agencies.
Chairman of the Committee (Mr James K. Avedzi)
4.0 Purpose of the Agreement
The purpose of the Supplier's Credit Agreement is to provide funding for the construction of 30,000 housing units for the security agencies over a period of five years.
Terms and Conditions
The terms and conditions of the Agreement are as follows:
Total credit amount - US$l,525,443,468 (including insurance premium)
Grace period --- 5 years
Repayment period -- 15 years (semi annual payments)
Maturity period - 20 years
Interest rate -- 2% fixed per annum
Arrangement fee - 0.75% ffat
Management fee -- 0. 50% ffat
Grant element - 36.93%
Mr Speaker, the Committee noted that with a grace period of five (5) years and repayment period of fifteen ( 15) years, giving a maturity period of twenty (20) years, the debt sustainability ratio will not be substantially impacted.
5.0 Observations and recommendations
5.1 The Committee noted that STX Engineering and Construction Ghana Limited is the supplier of the credit facility. Further enquiries by the Committee continued that STX Business Group of

Korea which owns 90 per cent of STX Ghana will make available the financing to STX Engineering and Construction Ghana Limited to execute the project.

5.2 The Committee was informed that Ghanaian contractors would be engaged in the construction of the housing units in all the ten regional capitals. In addition to the transfer of technology and skills that Ghanaians would acquire from their involvement in the project, it will also contribute to the creation of j obs, improve income and reduce poverty. It is estimated that 75,000 direct and indirect jobs will be created as it will ensure a minimum of 30 per cent local participation.

5.3 The Committee noted that in addition to the construction of 30,000 housing units, on- site infrastructure such as roads, water, electricity, sewerage, drainage, schools, malls and parks will be provided by the contractors. Government will be expected to provide the off-site infrastructure.

5.4 The Committee observed that the Insurance premium of 17.34 per cent is to cover political and other related risk which is customary for transactions of this nature. It further observed that clause 14.3 of the Supplier's Credit Agreement made reference to the insurance premium of 17.34 per cent on the facility instead of engineering procurement and construction (EPC) contract amount. The Committee recommends that clause 14.3 of the Supplier's Credit Agreement should be changed to read "The Government shall pay to the Supplier 17.34 percent of the EPC Contract Amount of US$ 1,300,000,000 for the purpose of arranging political risk insurance cover for the facility (the "Insurance Premium")."

5.5 The Committee noted that the actual and final price per unit of the houses to be acquired by Government under the housing project shall be agreed between the Government of Ghana and STX Engineering and Construction Ghana
Chairman of the Committee (Mr James K. Avedzi)
Limited within the framework of value- for money (VF M) negotiations.
The Committee was informed that the College of Architecture and Planning of the Kwame Nkrumah University of Science and Technology have submitted cost projections for the houses based on drawings and plans provided by the security agencies (copy attached). It is however, important to note that the final price of the houses may vary after the value-for money negotiations have been concluded.
The Committee further noted that lands owned by the security agencies have been identified for the construction of the houses.
5.6 Finally, the Committee recommends that details of the repayment schedule which were provided to the Committee be captured in Schedule 2 of theAgreernent.
5.7 Taxes Under article 12.2 (c) of the Supplier's Credit FinancingAgreement, "Government undertakes that during the facility period, it shall, unless the supplier otherwise agrees in writing, apply for exemption for:
i. the EPC Contractor in relation to co-oporate tax obligations;
ii. the importation of the contract equipment; and
iii. expatriate employees of the EP C, Contractor in respect of income earned in relation to the project.
The Committee advised the Ministry of Finance and Economic Planning to come back to the House with the specifics for consideration and approval.

6.0 Conclusion

The project which will provide 20,000 units of houses to the Ghana Police Service and 10,000 units to the military and other security agencies across the country will go a long way to solve the housing problem of the security agencies and therefore, boost the morale of the personnel.

At the end of the Committee's deliberations, a member from the Majority moved the Motion and was seconded by a member from the Minority for the Committee to recommend the approval of the facility to the House- After raising some outstanding issues to be provided by the Minister for Water Resources, Works and Housing, those issues had since been provided by the Minister. Kindly also find attached, the Minority's position on the credit facility.

The Motion was carried and the Committee hereby recommends to the House to adopt and approve by Resolution the Supplier's Credit Financing Agreement between the Government of the Republic of Ghana and STX Engineering and Construction Ghana Limited for an amount of one billion, five hundred and twenty-five million, four hundred and forty-three thousand, four hundred and sixty-eight United States dollars (US$1,525,443,468.00) for the construction of thirty thousand (30,000) housing units for the security agencies in accordance with article. 181 of the Constitution, sections 3 and 7 of the Loans Act, 1970 (Act 335) and the Standing Orders of the House.

Respectfully submitted.
Chairman of the Committee (Mr James K. Avedzi)
[TABLE]- COST PROJECTIONS OF HOUSES FOR THE SECURITY SERVICE

(Blank)
CREDIT FACILITY

Mr First Deputy Speaker
Hon Chairman of the Works and Housing Committee?
Mr David T. Assumeng (NDC-Shai Osudoku)
Mr Speaker, I beg to second the Motion and in doing so, I want to express the gratitude of the people of Ghana to the President of the Republic, His Excellency Prof. John Evans Atta Mills, the Vice President of the Republic, His Excellency John Dramani Mahama for their vision to provide decent accommodation for our security services. Mr Speaker, this is the better Ghana agenda that we are yearning for.
On this note, I urge all Hon Members to vote massively for this Motion.
Mr Alfred W. G Abayateye (NDC - Sege)
Mr Speaker, it will interest all Ghanaians to know that when this issue started, our brethren who walked out today, were part of the team which joined the Vice President to Korea Again, five Hon Members of the Minority and five
Mr Alfred W. G Abayateye (NDC - Sege)
Hon Members of the Majority, including I, visited Dubai to see the work of STX. What we saw - one of the projects - the team was able to do it earlier than the period allocated. And we believe they are going to do this job and do it to the satisfaction of all Ghanaians.
It is interesting to note, when we went, we gave all the chance to the Minority to speak and Ghanaians witnessed them; how they hailed the project and spoke. Today, they have turned the other way. This shows the type of people some of us are. But after doing everything, we want to thank God that this project is going to see fruition for the betterment of the country.
I urge all to massively vote for the passing of this Motion.

1125
Mr P. C. Appiah-Ofori (NPP --- Asikuma/Odoben/Brakwa)
Mr Speaker, thank you very much.
Mr Speaker, when this Bill came here the first time and the way we criticised it and as I saw it, I felt that it required a fresh attention.

Mr Speaker, I had taken notice of certain shortcomings and therefore, I wanted them to go and correct them.

Unfortunately, I am no more a member of the Finance Committee, so I was not there. So, when it came, some of the things I thought were wrong, were still there. And one of these, is this supplier's credit documents. As I initially stated, Mr Speaker, section (3) of the Loans Act says and with your permission, I beg to quote:

"Subject to the provisions of this Act, the Government may enter into any agreement providing for the raising by the Republic of an external loan."

The same thing is also stated in the Constitution. Mr Speaker, when an agreement is said to have been entered into, it means the parties to the agreement have signed the agreement. When an agreement is said to have been entered into, the parties have signed it.
Mr Haruna Iddrisu
Mr Speaker, thank you very much. I ordinarily will hesitate putting the Hon P. C. Appiah-Ofori on point of order. But if you look at article 181, and the headnote is significant for him, it is on loans. Mr Speaker, as I heard the Chairman of the Committee moved the Motion, this House, Parliament, is being called upon. Article 181 provides and with your permission, I beg to read:
"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..."
Mr Speaker, article 75 (2) a says and with your permission, I quote
"A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by --
(a) Act of Parliament."
So, we are now asking this House to, by are solution, authorise for Government to be able to enter into an agreement for purpose of this loan. [Hear! Hear!] We are not being called upon, and the Committee's Report makes copious reference to article 181 of the Constitution, not article 75.
Mr Appiah-Ofori
Mr Speaker, you are a celebrated lawyer - [Laughter] and there are so many lawyers in this room. Do not see me as - because I am pointing out the shortcomings, I am an enemy; I am not. [Some Hon Members: No! You are not.] I want us to do the right thing for the benefit of the country. It is very clear that --
Mr First Deputy Speaker
Hon Members, the practice of this House is that, in the case of article 75 that the Hon Minister referred to, and article 268, in those cases, everything must be signed, and they use the word "ratification". So, we stamp it; everything is done and we only ratify. In the case of article 181, it is not signed, but the pages are initialled. It is after we have approved it that the actual execution takes place. That is the practice of the House so far and if it is not initialled, we have to make sure that it is initialled and deposited in the Table Office.
Mr Appiah-Ofori
Mr Speaker, what have been initialled are the Off-Takers Agreement and the Joint Venture; these have been signed and initialled. The Supplier's Credit document has not been signed, neither has it been initialled by anybody. But Mr Speaker, I want you to look at it critically. The Constitution says, it is an agreement entered into - [Interruption.] No, I am reading from this.
Mr First Deputy Speaker
Hon Member, article 181, we are authorising the Government to enter into.
Mr Appiah-Ofori
Where is it?
Mr First Deputy Speaker
So you have to read 181 (1) with (2) ---
Mr Appiah-Ofori
Mr Speaker, let me finish with my submission and then you overrule me, if you so wish.
So, as far as 1 am concerned, the document which has come here was not due to be here, unless it has been signed or initialled as you are saying; it should not be here. That is one point.
Mr Speaker, let us look at EPC contract amount. In the Agreement, the figure is referred to or quoted as US$1,300,000,000.00. But in the Finance Committee's Report, there is an attachment which breaks down this figure. When it is added, the figure arrived at is not up to US$1,300,000.000.00. So, the Finance Committee's Report is at variance with the parent Agreement-
Mr Speaker, I want you to look at this also -
MrAbayateye
Mr Speaker, the document my senior Brother is referring to, where he is talking of the EPC contract amount. Indeed, it is US$1.3 billion but he must look at the facility The facility means the Supplier's Credit
Mr Appiah-Ofori
Anybody who is holding a copy of the Report would see an attachment and there is a document which breaks down the EPC contract sum of US$1,300,000,000.00. When I was coming, I came with my calculator. [Laughter] After adding the breakdown, I arrived at a figure far less than the amount in the Agreement. I want us to correct these things; I am not trying to nm you down; it is wrong.
Mr Speaker, let us look at this. The Agreement says arrangement fees of 75 per cent of the facility and this amounts to US$11,440,826.00; management fee of 5 per cent amounts to US$7,627,217.00. So, arrangement fee and management fee together, amount to US$19,026,043.00.
Then it is stated in the Agreement that the interest for the period starting after the sixth year to the twentieth year, the amount must be paid to those who are bringing in the facility. But during the moratorium period of five years, the interest will still be calculated and charged.
So for the moratorium period of five years the interestamountstoUS$152,544,347, and during the fifteen years period, the interest was calculated on a reducing balancing and the amount was or should be US$244,090,855. This brings the total interest for the period to US$396,635,302.
Insurance amounts to US$264,5 1 1,897 and certain expenses amounting to USS$50,000- This brings a total set-off against this facility to the tune of US$680,265,242. When this is taken away from the US$1.52 billion, the net proceeds coming to Ghana amounts to US$845,178,226.
Mr Avedzi
Mr Speaker, I want to correct my senior Brother who made reference to the insurance figure as US $264 million. In fact, Mr Speaker, if he actually read the Committee's Report let me refer him to paragraph 5 .4 on page 4 of 7 of the Committee's Report; it says:
"The Committee observed that insurance premium of 17.34 per cent is to cover political and other related risk which is customary for transactions of this nature".
It further observed that clause 14.3 of the Supplier's Credit Agreement made reference to the insurance premium of 17.34 per cent on the facility instead of the Engineering Procurement and Construction (EPC) contract amount. The Committee recommends that the clause 14.3 of the Supplier's Credit Agreement should be changed to read and I quote:
"The Government shall pay to the Supplier 17.34 per cent of the EPC Contact Amount of $1,300,000,0O0.O0".
So Mr Speaker, if you calculate 17.34 per cent on the EPC amount of US$1.3 million, you are arriving at US$225,420 million; it is not the US$264 million that he quoted. The way the construction is made in Agreement, if he applied the percentage on the facility figure of US$ 1 .5 billion, you arrive at the US$264 million that he is talking about, but that correction has been made in this particular Report
Mr Appiah-Ofori
Then it is wrong for you to say I was wrong. [Laughter] Because this is what is contained in the Agreement; so for him to say I am wrong, I do not know what you are doing.
Mr Speaker, in the Agreement, it is stated 17.34 percent of the facility. This is what is in the Agreement And if you choose to change it, is between the lenders and the borrowers to accept. So Mr Speaker, I am drawing attention to it that if you put all these together, total set offs, total deductions from the facility of US$l,525 billion amounts to US$680,215,000 and according to the Agreement the Suppliers will take all this money from it before the whole thing comes here. So the net proceeds accruing to Ghana amounts to US$845 million.
If we are going to borrow US$l.525 billion and what will accrue to us amounts to US$845 million representing 55 per cent of the total amount, Mr Speaker, do you think you have done a good job? [An Hon Member: For twenty years.] Yes, no matter what. Do you think it is a good business? So I want us to look at it and see whether we should not go and renegotiate for the benefit of the country.
Thank you, Mr Speaker.
Mr Avedzi
Thank you, MrSpeaker. I just want to correct my senior Brother again.
The Committee took the facility into consideration and tried to even work out the total interest payable within the twenty-year period. In fact, for the twenty-year period, the interest that would be paid on this facility is US$313 million. If you add it to the facility fee plus the management and arrangement fee, the total comes to US$15 85 billion. We did present value calculation and the present value calculation came to US$810, million. If you compare this amount with the facility fee, there is a total or weighted grant element of 46.85 percent.
In fact, we went further to compare this with the US$750 million Euro Bond that was taken in 2007 by the New Patriotic Party (NPP). In that case, they took US$75O million Euro Bond at the interest rate of 8.5 percent.
The total interest payable on that facility is US$637.5 million if you add it to the facility fee of US$750, you have $1,3 87.5 million. We did the present value calculation for that one too and it came to $775.4 million
If you compare it with the facility of $75O million that we took, there is a grand element of 3.4 percent. So if you compare the two facilities, this STX one is far, far, far better than the Euro Bond that was taken in 2007.
Mr Speaker, we did all calculations and therefore, the weighted average computation that we got showed clearly that there is a 46.8 per cent grand element for this facility.
Thank you.
Mr First Deputy Speaker
Hon Appiah-Ofori, you have already spoken.
Mr Appiah-Ofori
He has raised an issue which requires my comment.
Mr First Deputy Speaker
Very well, very well, very well. Briefly.
Mr Atppiah-Ofori
Mr Speaker, if the NPP made a mistake and as a result, we are out of Government, does it mean you should make the same mistake? -- [Laughter] Are you justifying that because we made the mistake, you should also make a mistake? What are you saying?
Mr Speaker, I decided to stay in to draw attention to this. If you will consider it necessary, look at them; if you ignore me, go ahead.
Thank you very much and good night.
Mr Emmanuel K. Bedzrah (NDC--- H0 West)
Thank you Mr Speaker, for giving me the opportunity to contribute to the Motion and also urge all my Colleagues to support this Agreement and approve it.
Mr Speaker, I want to use this opportunity to salute our gallant men and women who are sitting up there, the policemen and women. I grew up in a police barracks and I know what they are going through an.d I know that when we approve this Agreement very soon, they will have a facility that will befit their status.
Mr Speaker, when the first Agreement was laid, the Ghana Real Estate Development Association (GREDA) presented their petition to you. Mr Speaker, in their presentation, they gave some cost of houses and as a professional in the building industry, I decided to do a comparative analysis of the houses. Mr Speaker, in construction, there are so many factors that we take into account when calculating the cost. One of the factors is the location of the building. The second is the type of material you want to use, the finishing and the building's usage.
Mr Speaker, in my comparative analysis, I have realized that GREDA did not include facilities like schools, mosques, offices and shops, while the STX Ghana added those facilities. In my comparative analysis, the cost per average without the amenities comes to US$24,000 per one unit while that of the GREDA is US$16,000.
Now, when you go to the market to look for houses, the cost per square metre of constructing a house ranges between GH¢350 and GH¢ 650 taking into account

Deputy Minister for Finance and Economic Planning (Mr Seth Terkpeh): Mr Speaker, I would like to clarify a couple of points that have come up since this issue came up for discussion.

Mr Speaker, the first one we addressed and which has been highlighted already by the Chairman, I would skip with regard to the present value of the facility.

Mr Speaker, I Wish to emphasize that this is a Supplier's Credit Facility and often it is confused with the direct loan agreement. Mr Speaker, the question has been asked with respect to the source of funding. The term sheet submitted to the Ministry specified clearly that STX and a consortium of some financial institutions are the source of funding. In this regard, we would wish to note that the global fund which was mentioned is a facility that is available to only Korean firms and therefore, the Ghanaian Government cannot access this fund. It is in this context that STX is put in the context of the global fund.

Mr Speaker, I also Wish to address the question of insurance. It has been stated that the insurance of approximately 17 per cent is probably too high. Mr Speaker, it is important to note that this is a flat sum which derives from approximately US$225 million. This is often compared to the 1.5 to 2 per cent range charged by institutions such as MiDA. It is important to clarify that these are variable rates and that we have taken the precaution of calculating the insurance and comparing. Indeed, Mr Speaker, if you compare a 1.5 percent insurance with what we have, at 1.5 percent, we will get US$225 million compared
Mr Emmanuel K. Bedzrah (NDC--- H0 West)
to the STX's 225.4. At 1.8 MiDA rates, you will get US$270 million and at 2 per cent, you will get US$300 million. Mr Speaker, this is because this facility is a facility which, as has been mentioned, has a moratorium of five years and it is repayable in 15 years with the total maturity, therefore, of 20 years.
Mr Speaker, this latter point is also important in another context. Often, the cost of the facility has been stated as five years and therefore, very expensive with respect to the economy.
Mr Speaker, comparing the five years, project life with the 2O-year repayment period is confusing. Indeed, to measure the impact of the facility on the economy, one has to measure it in terms of 20 years and not the five years, estimated for completing the housing projects.
Mr Speaker, finally, I wish to clarity another point Where it has been stated that we need not pay insurance in addition to providing a guarantee. Mr Speaker, indeed, this very House has authorized the Ministry of Finance and Economic Planning to enter into similar agreements and in one instance, which I have here, we did indeed, pay insurance in addition to providing a guarantee.
Mr Speaker, let me make a final point that the importance of paying insurance is often also put in a context of our sovereign rating and the assertion is made that the US$750 million sovereign bond facility did not have any risk factor associated with it.
Mr Speaker, I wish to point out that the prospectus for the sovereign bond at page 7 to 13 analyzed risk factors and therefore, it is important to note that in the market pricing, that facility, it did actually take risk into account, and therefore, the insurance against risk factors

is a normal thing which is done-by the financial markets, particularly with respect to developing countries.

Mr Speaker, on this note, I wish to thank you.
Mr First Deputy Speaker
Hon Members, I am going to put the Question but before I do so, I want to find out from you how you are going to incorporate the recommendation of the Finance Committee, the Majority side, with regard to the calculation of the insurance on the EPC contract -
"The Committee recommends that -clause 14 (3) of the Supplier's Credit Agreement should be changed to read" - -
Because I have also seen the Minority Report and they have also calculated and given a certain figure which is not very different from what Hon P. C. Appiah Ofori has given. They said about US$260 million The Chairman says US$225 and has made a certain recommendation.
What assurance do you give to make sure that this recommendation is reflected? Otherwise, everybody will be calculating and we will be getting US$46 million? So how do you reconcile that because that is not the clause in the Agreement and that is an area that has to be clarified before I put the Question?
Dr Duffuor
Mr Speaker, we have always had taken the comments from this floor seriously. I promise that We will do some cleaning before we sign this Agreement.
Mr First Deputy Speaker
The signed copy should be deposited in the Clerk's Office.
Question put and Motion agreed to.
RESOLUTIONS

Minister for Finance and Economic Planning (Dr Kwabena Duffuor)
Mr Speaker, I beg to move, that
WHEREAS by the provisions of article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), the terms and conditions of any loan raised by the Government of Ghana on behalf of itself or any public institution or authority shall not come into operation unless the said terms and conditions have been laid before Parliament and approved by Parliament by a Resolution supported by the votes of a majority of all Members of Parliament;
PURSUANT to the provisions of the said article 181 of the Constitution and section 7 of the Loans Act, 1970 (Act 335), and at the request of the Government of Ghana acting through the Minister responsible for Finance and Economic Planning", there has been laid before Parliament the terms and conditions of the Supplier's Credit FinancingAgreement between the Government of Ghana and STX Engineering and Construction Ghana Limited for an amount of US$1,525,443,468.00 for the construction of 30,000 units of houses under the Security Services Housing Project
THIS HONOURABLE HOUSE

Mr James K. Avedzi
Mr Speaker, I beg to second the Motion.
Question put and Motion agreed to.
Resolved accordingly.
Mr First Deputy Speaker
Hon Majority Leader, we are about to end the proceedings. I want your comments; I hope it will be brief. Your closing remarks.
A CLOSING REMARKS

Majority Leader (Mr Cletus A. Avoka)
Thank you Mr Speaker.
Mr Speaker, the end of a Meeting is with us once again and we say "To God be the Glory for bringing us this far".
I Wish to extend my gratitude and that of the House to Madam Speaker who is absent today on other important national assignment, for the able and impartial manner in which she steered the affairs of the august House during the Meeting. It is my hope and prayer that the good Lord will continue to grant her the strength and Wisdom to continue her good Work.
To you, Mr Speaker, and your Colleague the Second Deputy Speaker, even though it is unfortunate he is outside the Chamber this evening, I say congratulations for your efforts
Mr Speaker, the following Bills were passed during the course of the period
i. Public Utilities Regulatory Commission (Amendment) Bill,
2010.
ii. Plant and Fertilizer Bill, 2009;
iii. Mutual Legal Assistance Bill,
2009
iv. District Assembly Elections (Amendment) Bill, 201O;
v. University of Ghana Bill, 2010;
vi.Savannah Accelerated Development Authority Bill, 2010
vii. Education (Amendment) Bill, 2010; and
viii. Economic and Organised Crime Bill, 2009.
It is trite knowledge that the passage of some of these Bills served as triggers for international financial support and

even though the House worked on these legislations with dispatch, Members were nonetheless diligent in their scrutiny of the Bills. I wish to commend Members for acknowledging the importance of these legislations and expediting action on them.

Mr. Speaker, some of these Bills had to go through winnowing and I give special thanks to those Members who had to spend long hours in my office and in plenary to help perfect these Bills. The Government and the people of Ghana no doubt salute the efforts of this House.

Mr. Speaker, three (3) Legislative Instruments and one (1) Constitutional Instrument were presented and passed during the Meeting. These were:

i. Local Government (Urban, Zonal, Town Councils and Unit Committees) (Establishment) Instrument,

2010.

ii. Fisheries Regulations, 2010 (LI.

1968).

Exportation ofNon-Ferrous Scrap Metal Regulations, 2010 (L.I. 1967).

iv. The Commission on Human Rights andAdministrative Justice (Investigations Procedure) Regulations, 2010 (C.I. 67)

Mr Speaker, a total of 156 Questions were asked of Ministers and answered. Five (5) of these were Urgent Questions. In addition, fifteen Statements were admitted by the Speaker and made by Hon Members and Ministers of State.

Mr Speaker, the House, during the Meeting expressed its concern on the recently announced increases in electricity and water tariffs. Even though there was a Private
Mr Speaker, the following Bills were passed during the course of the period
Member's Motion, the combined effect was that we expressed concern as the representatives of the people about the high tariffs.
I am happy to report that as a result of the concern we expressed, the PURC is having consultations with stakeholders, and the process is in place to enable them possibly reduce the tariffs downwards.
Mr. Speaker, the House also played host to our gallant Black Stars, the Senior National Football Team, upon return from their proud participation in the just- ended FIFA World Cup hosted by South Africa. The feat of the team, in being the only team in Africa to go past the group stage of the tournament and reaching the quarter finals for the first time in the history of this country, re-established the pioneering role of this country in many spheres of endeavour.
The success of the team was no doubt built on discipline, faith and belief that "yes we can". This is a great lesson for all of us that with a unity of purpose and discipline, we can achieve our dreams, including becoming a middle income country in a few years.
Let me once again congratulate the playing body and the technical handlers for making us proud and also add my voice in appealing to theFAto immediately commence our preparations towards the 2012 African Cup of Nations and the 2014 World Cup to ensure that we win the Cups in the subsequent editions.
Mr. Speaker, just following from this joyous mood, it is with deep sorrow that I have to acknowledge the passing away of one of our Colleague, during the Meeting. That is the Hon Member of Parliament for Atiwa, Mr. Kwasi Annor Ankarnah, which sad event occurred on 15th July, 2010. As we mourn his departure,

it is our prayer that the Lord would grant the family the fortitude to bear the loss. It is also our prayer that God will give him a deserving resting place in His house. We are in the process of consulting H.E the President to request a State burial for the Hon Member.

To the Clerk and the supporting staff, on behalf of Leadership and the entire membership of this House, we say thank you for your hard work. I recall that sometimes they leave here around 1.00 a.m. and come very early in the morning to ensure that the Business of this House is completed. We are grateful to them and we wish that they continue to have energy to be able to do this work.

To our friends from the media, I say thank you Without them the efforts of this august House would not be heard and recognized by the public. We acknowledge that they practise their profession under difficult and challenging circumstances and notwithstanding that one, they achieve a lot for mother Ghana and this Parliament. Even though sometimes we have concerns about reportage, I think that these are healthy developments, and meant for to improve the lot for mother Ghana. As one of the estates of the realm, they should consider it a friendly fire from a partner in development.

Mr Speaker, I cannot conclude my remarks without observing unfortunately, that our Colleagues in the Minority have once again left the premises of this Chamber during this important discussion. It is my prayer that after sober reflections, they will regret the incident of this evening and join us in the future to do business in this House.

We are rising this evening and therefore, want to take opportunity to thank all of you, Hon Colleagues for your hard work. The time now is past 12.00 o'clock (midnight) and yet we are here.
Mr First Deputy Speaker
Thank you very much, Hon Majority Leader.
Hon Members, we have come to the end of the Second Meeting of Parliament and as usual, the House will break for recess after the closing ceremony.
For unavoidable circumstances, the Hon Speaker could not be here to close the House as she is attending to official business outside the country. She has therefore, delegated the authority to me to thank Leadership and all Hon Members for their support in successfully executing the business of the House, more particularly when the Meeting was extended beyond the scheduled period.

The Rt Hon Speaker notes with sadness the unfortunate passing on of the Hon Member for Atiwa Constituency (Hon Kwasi Anno Ankamah) which unfortunate death was officially communicated to her and Leadership a couple of weeks ago, and Wishes that while we mourn his death, We should pray to the Almighty God to give our departed Colleague eternal rest and also give courage to the bereaved family to overcome the grief and the loss of a great icon in the family.

As usual, Leadership is in contact with the family and the President on arrangements for a befitting burial and funeral rites. Hon Members will be informed of the details in due course-

The Rt Hon Speaker also recalls with admiration the support of the Clerk and his Staff, the parliamentary press corps and indeed, all those who have worked behind the scenes for the success of the Meeting. It is her prayer that the Almighty God shields us till We meet here again -

On this note, I wish Hon Members an enjoyable recess.

This House now stands adjourned sine die.
ADJOURNMENT