Debates of 10 Jul 2014

MR SPEAKER
PRAYERS 10:20 a.m.

VOTES AND PROCEEDINGS AND THE OFFICIAL REPORT 10:20 a.m.

Mr Speaker 10:20 a.m.
Correction of Votes and Proceedings.
Mr First Deputy Speaker to take the Chair.
MR FIRST DEPUTY SPEAKER
Mr First Deputy Speaker 10:23 a.m.
Hon Members, we have the Votes and Proceedings for Wednesday, 9th July, 2014 for correction.

Yes, Hon Member?
Mr Kwasi Ameyaw-Cheremeh 10:23 a.m.
Mr Speaker, on page 8 -- six Hon Members who participated in the Appointments Committee meeting yesterday have been marked absent. We were in the House. The names on the pages numbered 13,15,16,31, 36 and 41 were all present, but we have been marked absent. They should take note and effect the correction.
Mr First Deputy Speaker 10:23 a.m.
Thank you very much.
Mr First Deputy Speaker 10:23 a.m.
Any more on page 8?

The Votes and Proceedings of Wednesday, 9th July, 2014, as corrected, are adopted as the true record of proceedings.

The Question stands in the name of Hon Benito Owusu-Bio, Atwima- Nwabiagya North.
URGENT QUESTIONS 10:23 a.m.

MINISTRY OF WATER RESOURCES, 10:23 a.m.

WORKS AND HOUSING 10:23 a.m.

Minister for Water Resources, Works and Housing (Alhaji Collins Dauda)(MP) 10:23 a.m.
Mr Speaker, the Owabi Dam and the water treatment plant were constructed in 1929 to serve Kumasi and its environs. The Owabi village, which is located downstream of the dam was to be relocated. This was to avoid the risk of flooding, in the event of a heavy down- pour and excessive spillage from the dam. Unfortunately, this has not happened.
Mr Speaker, in view of the time lapse between 1929 and now, information on this project available to me is scanty and unreliable. The Ministry therefore, kindly
seeks the indulgence of the House to ask for some time to obtain accurate and reliable information to deal with the issue. In the process, we would collaborate with the Hon Member of Parliament and other stakeholders to find out how best the resettlement of Owabi village could be addressed.
Thank you, Mr Speaker.
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Member, any follow-up questions?
Mr Owusu-Bio 10:30 a.m.
Mr Speaker, ultimately, we all seek to prevent any disaster from happening, but we are concerned about the time lapse, so if the Hon Minister could give us an idea of the time frame within which this consultation can be completed for the village to be resettled, that would be fine.
Alhaji Dauda 10:30 a.m.
Mr Speaker, I can immediately give an indication of when the process would begin, and I hope to start the process next week, with the Hon Member of Parliament, and continue the consultation with other stakeholders, until a solution to address the problem is found.
Thank you very much.
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Member, any more follow-ups?
Mr Owusu-Bio 10:30 a.m.
Mr Speaker, we have all heard him, and we will hold him up to it.
Mr Speaker, within a week, I will be expecting his consultation.
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Baffour Awuah?
Mr Ignatius B. Awuah 10:30 a.m.
Mr Speaker, I would want to know from the Hon Minister, while waiting for the re- settlement, what measures is he putting in place to mitigate the suffering that the people are subjected to on annual basis when it rains?
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Minister?
Alhaji Dauda 10:30 a.m.
Mr Speaker, the issue on hand is a very critical one, which needs an immediate intervention, particularly in the rainy season. So, we have written to the Ghana Meteorological Agency (GMA) to take a study of the place and give us early warning signals, so that we can pass on these signals to the community to avert disaster.
Mr Speaker, we have also invited the National Disaster Management Organisa- tion (NADMO) to also visit the place, take a look at the place and put in place contingency measures to deal with any situation that may arise as a result of these rains.
Thank you.
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Minority Leader?
Mr Osei Kyei-Mensah-Bonsu 10:30 a.m.
Mr Speaker, the response from the Hon Minister is quite assuring, but I would want to know from him -- he must provide a clearer road-map to settling this. This is because 1929, as alluding to now, has been quite a long, long time -- eighty-five (85) years.
The Hon Minister knows that the matter relating to climate change has thrust on mankind erratic and rather unpredict-
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Minister?
Alhaji Dauda 10:30 a.m.
Mr Speaker, at this point in time, I am unable to give a definitive road-map. I guess I would be in a position to do that when I have consulted with the Hon Member of Parliament and the community itself. They may have some records relating to the construction of the dam.
Mr Speaker, I would also want to indicate that the expansion that the Hon Minority Leader indicated relates not to Owabi, but rather to Barekese.
Thank you.
Mr First Deputy Speaker 10:30 a.m.
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 10:30 a.m.
Mr Speaker, I would not want to contend and contest
with the Hon Minister, but he would know that before he went there, this thing had happened. I am not talking about the now situation -- that expansion happened long ago to increase the impoundment and the extent of the dam itself in order for it to produce more than it was intended at the original stage.
Mr First Deputy Speaker 10:30 a.m.
Very well.
Hon Member, this brings us to the end of that Question.
We have one Question which is not in asterisk, standing in the name of Hon Frank Annoh-Dompreh of Nsawam- Adoagyiri. I am reliably informed that the Answer has been communicated to him, and under our rules, Standing Order 64 (4), which states:
“A Member who desires an oral answer to a Question shall mark it with an asterisk. Answers to Questions not so marked shall be communicated in writing to the Member asking the Question and shall be printed in the Official Report.”
So, I direct that the Table office ensures that the Answer is published in the Official Report, so that we comply with our rules.
WRITTEN ANSWERS TO 10:30 a.m.

QUESTIONS 10:30 a.m.

MINISTRY OF YOUTH AND 10:30 a.m.

SPORTS 10:30 a.m.

Minister for Youth and Sports (Mr Mahama Ayariga) 10:30 a.m.
Mr Speaker, the following are some of the Ministry's plans to empower the National Youth Authority towards addressing the problem of unemployment among the youth in the country.
The Ministry is in the process of revising the current National Youth Authority Act, NRCD 241, 1974 to among other things develop a strong, disciplined and nationalistic youth and to empower them to contribute to our national development efforts. The draft Bill which is currently before Cabinet will provide the necessary legal framework to ensure the smooth implementation of the existing National Youth Policy. The Policy has a priority area designated to help empower the youth with the necessary skills for available job opportunities and for self- employment.
The Bill proposes the establishment of a Youth Fund to assist young entrepreneurs, especially the disadvant- aged who have viable business proposal but for one reason or the other, cannot access credit or loan from the financial institutions to easily access credit facilities to undertake their ventures.
Mr Speaker, for the first time in the history of Ghana, the Ministry has formulated an implementation plan of the National Youth Policy. The plan, soon to be launched, will create the necessary environment for positive youth develop- ment; and also provide job opportunities for the youth through its activities and programmes.
Mr Speaker, at the moment, the Ministry has eleven (11) youth leadership and skills training institutes, which provide hands- on training for the youth in traditional vocational course, such as welding, dressmaking, masonry, electrical instal- lation, et cetera. Since their establishment, the institutes have trained over 15, 600
graduates who are currently engaged in various sectors of the economy.
In order to create more job opportunities for the youth, the Ministry has signed a Memorandum of Under- standing (MOU) with DDY Aviation Wing of Canada to initiate the process of providing the necessary technical and financial assistance to expand and upgrade the institutes to increase intake and for better service delivery.
Mr Speaker, as directed by H.E the President, the Ministry is working with the Ministry of Finance and other agencies to launch and implement a ten million Ghana cedi (GH¢10m) National Youth Enterprise Support Programme. (YES). The Programme is aimed at identifying and supporting young entrepreneurs and moulding them into job givers and job seekers. The Fund is expected to be a launching pad to boost economic prosperity and development in the country.
Mr Speaker, the Ministry has identified youth unemployment as one of the greatest challenges confronting the country and is doing all within its means to put the necessary legislations, policies and arrangements in place to arrest this canker. We will require the support and assistance of Hon Members to get the necessary legislative framework in place and assist in other ways to reduce the spate of youth unemployment in the country.
Thank you.
Mr First Deputy Speaker 10:30 a.m.
We will move on to the next Question, which stands in the name of Hon Matthew Nyindam of Kpandai.
Yes, Hon Minority Leader?
Mr Kyei-Mensah-Bonsu 10:30 a.m.
Mr Speaker, the problem with this provision is that on the Question form, there is no provision for asterisk, and so often times, Hon Members get confused. Some boxes have rather been created, and then you indicate in the box whether you want it to be an Urgent Question, a Written or oral Question, which in itself is in contravention of our own rules or procedure.
So, maybe, Hon Members' attention would have to be drawn to this. I would also plead with the Table Office, that given this anomaly, they draw the attention of the Hon Member who filed the Question; once they have it, to know his real intent.
Thank you.
Mr First Deputy Speaker 10:30 a.m.
Very well --
The next Question, number 123?
ORAL ANSWERS TO QUESTIONS 10:30 a.m.

MINISTRY OF WATER 10:30 a.m.

RESOURCES, WORKS AND HOUSING 10:30 a.m.

Minister for Water Resource, Works and Housing (Alhaji Collins Dauda) 10:30 a.m.
Mr Speaker, Kpandai is the district capital of the Kpandai District in the Northern Region.
A small town piped scheme with 31 public standpipes and a number of household connections are also in place to augment the services provided by the hand pumps.
Kpandai Senior High School with a student population of 1,286 is served by two systems-- the school's limited mechanised system managed by the school and a standpipe from which water is supplied from the Kpandai Small Town Water Scheme being managed by the Kpandai Small Town Water and Sanitation Management Team.
Mr Speaker, the present water problem in the school was occasioned by the breakdown of both the electrical pump of the school's limited mechanised system and the dedicated pipeline from the Kpandai Small Town Water system.
Mr Speaker, the school's limited mechanised system has been repaired and water supply has been restored from that source. Efforts are being made by the District Assembly to repair the dedicated pipeline to restore normal supply of water to the school.
Mr Nyindam 10:40 a.m.
Mr Speaker, I agree with the Hon Minister that the small mechanised water in the school has been repaired. I would want to find out from him those who repaired that mechanised water. [Interruption.]
Mr First Deputy Speaker 10:40 a.m.
Hon Members, Order! Order!
Alhaji Dauda 10:40 a.m.
Mr Speaker, under Community Water and Sanitation Agency, the practice is that when we construct a mechanised system or a Small Town Water System, the systems are handed over to the communities for them to manage. Therefore, the maintenance and everything relating to the systems are being done by the communities under the supervision of the District Assemblies. Therefore, he, as a Member of Parliament and also an ex-officio member of the Assembly, would know better than I do.
Mr First Deputy Speaker 10:40 a.m.
Any more follow up?
Mr Nyindam 10:40 a.m.
Mr Speaker, since this House is a House of records, I would want to state clearly that I should know better because I come from the constituency. This particular mechanised water is not supplied by Government -- [Interrup- tion.] Listen to me; I am saying this because it is a House of records. It is a Parents Teachers Association (PTA) initiated project; it is not a Government initiated project. When the pipe got spoiled, unfortunately, Mr Speaker, the PTA had to go and borrow an amount of GH¢8,000 to be able to repair it.
My next question is, what steps is the Ministry taking to offload this pressure on the PTA to the mainstream?
Alhaji Dauda 10:40 a.m.
Mr Speaker, as the Hon Member himself rightly indicated, this project is a PTA intervention and therefore, it is being managed by the PTA. I have also indicated that as a matter of policy, the management of these systems is not done by the central government but rather by the Distr ict Assemblies, supervised by management teams at the local level.
Therefore, if there should be any offloading of cost, there must be a discussion between the Member of Parliament and the District Assembly responsible for the area. I would encourage him to take the steps to discuss this idea with the Kpandai District Assembly.
Mr First Deputy Speaker 10:40 a.m.
Your last follow up.
Mr Nyindam 10:40 a.m.
Mr Speaker, like the Hon
Minister rightly said 10:40 a.m.
“Efforts are being made by the District Assembly to repair the dedicated pipeline to restore normal supply of water.”
Mr Speaker, I can say, for almost two months now, the small water project in the whole Kpandai town is non-functional. I would want to find out from the Hon Minister, maybe, what is wrong with the system, the cost of maintaining this system and when possible are we going to see that this small water system in Kpandai is allowed or maintained to run.
Mr First Deputy Speaker 10:40 a.m.
Hon Minister? You did not hear the question?
Please, go over the question.
Mr Nyindam 10:40 a.m.
Mr Speaker, what I am simply saying is that for almost two months now, the small water system in Kpandai is not working; it has broken down. I would want to find out from the Hon Minister whether he has been able to find out the cause. When specifically are the people of Kpandai going to see maintenance work on this small town project?
Alhaji Dauda 10:40 a.m.
Mr Speaker, I may have to go over my answer one more time. Mr Speaker, small town water systems, after they have been constructed by the central government, is handed over to the community for management purposes and therefore, this particular one is under the management of the Kpandai District Assembly. The Hon Member is a member of the District Assembly.
Mr Speaker, when we hand over to the Assemblies, they determine tariffs to be collected on water consumption. It is our expectation that the tariffs that are so collected is used to maintain the system, and that if there should be any situation where there is a problem beyond them, they draw our attention to it. I can say
Alhaji Dauda 10:40 a.m.


that until this Question was filed, my attention has not been drawn to the breakdown of the water system and also seeking the intervention of the central government.

Therefore, I would still pass it back to the Hon Member to take it up with the Assembly. He should go into his resources and check whether collections are being made and how these resources are being used.
Mr Awuah 10:40 a.m.
Mr Speaker, the Hon Minister, in his answer to a question, intimated that the Hon Member of Parliament is an ex-officio member of the District Assembly and it is the District Assembly that has the responsibility to manage the water system of the school.
Mr Speaker, going back to the main Question which was asked, the Hon Member wanted to ask the Minister what steps the Ministry is taking to solve the water problem in the Kpandai Senior High School. The Question was specifically to his Ministry, but the Hon Minister, in the Answer, is saying that the Hon Member should be in touch with the District Assembly because it is the responsibility of the Assembly.
I would want to know from the Hon Minister, is he now saying that the provision of water to communities is no longer his Ministry's responsibility.
Alhaji Dauda 10:40 a.m.
Mr Speaker, Question time is used to educate and also highlight Government's policies and that is exactly what I have done. I have also indicated that because this system was constructed by Government and handed over to the community for management, you cannot insulate Government. The system itself was constructed by Government, so,
Government, has a role, but the management is what is passed on to the community.
I have also indicated that in any situation where the community has difficulty above its capacity, they draw our attention to it and we see how we can intervene. We have not had any such notice until this Question.
Mr Annoh-Dompreh 10:50 a.m.
Mr Speaker, as part of the Hon Minister's Answer, he said that:
“The present water problem in the school was occasioned by the breakdown of both the electrical pump of the school's limited mechanised system and the dedicated pipeline from the Kpandai Small Town Water system.”
Mr Speaker, I am aware of that part of the Hon Minister's Answer that says that there was supposed to be collaboration between the community and the Community Water and Sanitation Agency in terms of the maintenance.
Mr Speaker, does the Hon Minister accepts that the buck stops at his end in terms of water provision across the country and what is he doing to ensure this sudden breakdown of facilities that provide water?
Mr First Deputy Speaker 10:50 a.m.
Hon Member, I thought that the Answer that he gave, this one is a specialised area in respect of which after it has been put in place, the community is made to take over and manage. So, it is different from the other types of provision of water supplies that have to be dealt with directly by the Ministry. That is the understanding I had.
Mr Annoh-Dompreh 10:50 a.m.
Mr Speaker, rightly so, but from his own Answer, one can make inference that if there was such sudden breakdown, then it is important
since it is connected with water provision, and water, they say, is life, Mr Speaker. We need to know from the Minster what actions and plans are in place to avoid such sudden breakdowns in the future. It is important.
Mr First Deputy Speaker 10:50 a.m.
Very well.
Hon Minister?
Alhaji Dauda 10:50 a.m.
Mr Speaker, the Answer to the Question is that the Distr ict Assembly of Kpandai is the Government agency responsible for ensuring that the people of Kpandai get water all the time. This is because we have put in place a system that should provide water for them and therefore, he must refer his question to the District Assembly.
Thank you very much.
Mr First Deputy Speaker 10:50 a.m.
Yes, Hon Members, we move on to the next Question, which stands in the name of Hon Kwame Asafu-Adjei, Nsuta- Kwamang-Beposo.
Repair of overhead reservoir at Nsuta
Q. 124. Mr Kwame Asafu-Adjei asked the Minister for Water Resources, Works and Housing what measures the Ministry had put in place to repair the overhead reservoir at Nsuta that had broken down for the past 20 years.
Mr First Deputy Speaker 10:50 a.m.
Yes Hon Minister? [Interruptions]
Hon Minister, you have the Question printed on the Order Paper.
Alhaji Dauda 10:50 a.m.
Mr Speaker, because this is the substantive Question, as you rightly indicated, I have it. I can only plead with my Friend, the Hon Member for Nsuta Kwamang Beposo that when he is taking supplementary ones, he should take his
time and ask them, so I can understand and respond to them.
Mr Speaker, Nsuta town receives its water supply from the Mampong Water Supply System. The Mampong Water Supply System, which was recently inaugurated by His Excellency the President, after major expansion and rehabilitation works, supplies water, not only to Mampong and Nsuta but also to Beposo, Krobo, Akyeremade, Dadiease, Brofoyeduru, Tatafromu, Darmang, Nkwantanan, Worakese, Bonkrom, Abruku- tuase, Dahoo, Abankosu, Tatafroso and Adweeho.
The Mampong Water Supply System now uses Variable Speed Drive (VSD) pumps to supply water to Nsuta. VSD pumps are pumps whose speed adjust automatically to accommodate the water demand at all times.
With these VSD pumps, the overhead reservoir may not be necessary in terms of regulating demand and supply of water. However, during periods of power cut, a reservoir becomes relevant because water in the reservoir can be distributed by gravity. In this regard, the Ministry would take steps to repair the reservoir at Nsuta to serve as a storage tank.
Mr First Deputy Speaker 10:50 a.m.
Yes, Hon Member, any follow-up question?
Mr Asafu-Adjei 10:50 a.m.
Mr Speaker, the steps stated here may give different meanings or connotations. It could mean he instructs somebody from somewhere; that is a step he is taking . It can also be he is doing engineering works; that is also steps he is taking. I would want the Hon Minister to be specific, on what steps-- what does he mean by “steps” he is taking to repair the reservoir?
Thank you.
Alhaji Dauda 10:50 a.m.
Mr Speaker, I indicated in the Answer that I would take steps. I have not taken the steps yet and therefore, I will send a team to under take a study at the reservoir and make a report, based on which we will determine a solution.
Thank you very much, Mr Speaker.
Mr First Deputy Speaker 10:50 a.m.
Yes, Hon Member?
Mr Asafu-Adjei 10:50 a.m.
Mr Speaker. I am not sure the Hon Minister is prepared to provide water to the people of Nsuta. This is because during the dry season, the reservoir is meant to reserve water for the people. During the dry season and as he just said, and during “dumsor dumsor” water will not be made available to the people. So, I would want him to be very specific, how he is going to do this kind of activity for the people.
Thank you.
Mr First Deputy Speaker 10:50 a.m.
Yes, Hon Minister?
Alhaji Dauda 10:50 a.m.
Mr Speaker, I have indicated that Nsuta is supplied from the Mampong main and that even without the reservoir, the people of Nsuta will get water. We pump water directly through the pipes and therefore, I do not see any problem.
The use of the tank is for purposes of storage and we store to be able to distribute and to regulate during peak times and other times. Because of the VSD pumps, that device that we have provided in that system, we do not need that thing in the reservoir anymore. This is because when the people demand more, the pumps pump more.
When the demand slows down, it is adjusted automatically, and that is one of the functions of a reservoir. I have indicated that the other use is when there

is power cut and we have water in the reservoir; we distribute or supply water through gravity and that is the only reason we are going to take steps to repair the reservoir. So, I do not see why the Hon Member should have a problem. Nsuta has water, unless he wants to tell me that Nsuta is not getting water.
Mr First Deputy Speaker 11 a.m.
Yes, Hon Member, your last follow-up?
Mr Asafu-Adjei 11 a.m.
Mr Speaker, Nsuta is not getting enough water. That is why the reservoir comes in. Mr Speaker, the reservoir tank was built to provide enough water during --
Mr First Deputy Speaker 11 a.m.
Hon Member, ask your question; go straight to the question.
Mr Asafu-Adjei 11 a.m.
Nsuta does not have enough water. So, give me a time when that reservoir will be repaired, not steps, not in the pipeline.
Alhaji Dauda 11 a.m.
Mr Speaker, I thought the Hon Member of Parliament was looking for a solution to the problem of his constituents and that he should not ask supplementary questions emotionally.
Mr First Deputy Speaker 11 a.m.
Hon Minister, could you avoid using the word “emotion”?
Alhaji Dauda 11 a.m.
Thank you Mr Speaker. I would avoid that.
Mr Speaker, the steps I am going to take would end up with a solution to the problem. The Mampong Water System
which supplies water to Nsuta and the other communities had a capacity of 500,000 gallons of water a day.
Now, we have improved the capacity of this water system to generate as much as 1.6 million gallons of water a day. [Hear! Hear!] So, the total we are generating from the Mampong Water System is over 2 million gallons of water a day, in excess of what we would require to serve the people of Mampong and its environs.
Therefore, if some parts of Nsuta are not getting water, it may be as a result of distribution system. We can collaborate and look at that one to solve it.
Thank you very much, Mr Speaker.
Mr First Deputy Speaker 11 a.m.
Hon Member?
Mr William A. Quaittoo 11 a.m.
Mr Speaker, the question here is that, when is he going to repair the Nsuta reservoir? I guess that the Hon Minister has not really answered the Question. The “when” has not come. He is saying that Nsuta does not have enough water.
The Hon Minister admits that when there is power cut, then it means that the pumps would not be working. Probably, we should be hearing that maybe, “at this time we are going to buy a power generator or we are going to repair the reservoir” so that that problem would be solved. The Hon Minister should really tell us when they are going to repair the reservoir, which is one solution or when they would buy a generator.
We are all aware that power cuts have come to stay with us. There is no solution to them now. So, when is the Hon Minister going to repair the reservoir or buy a power generator to resolve the issue?
Thank you.
Mr First Deputy Speaker 11 a.m.
Hon Member, if I heard the Hon Minister right, what he was saying is that he would need to send a team down to access the situation on the ground, so that they would advise the Ministry which line of action to take and that is why he cannot give a specific date line. I thought that was the understanding I had. He is here, let him answer the question.
Alhaji Dauda 11 a.m.
Mr Speaker, I have indicated that I would take steps to repair the reservoir. The Hon Member for Nsuta- Kwamang Beposo, in his Question has given an indication that the problem has been there for over twenty years and I am saying that I would take steps to solve it for him. He must rather commend me.
Mr First Deputy Speaker 11 a.m.
Yes, Hon Members, we move on to the last Question on the Order Paper and that stands in the name of Mrs Mavis Hawa Koomson, Awutu-Senya East-- [Interruption.]
Hon Members, Order!
Water supply to some communities in Awutu-Senya East Constituency
(Extension)
Q. 125 Mrs Mavis Hawa Koomson asked the Minister for Water Resources, Works and Housing when water supply would be extended to the following communities within the Awutu-Senya Constituency: (i) C. P. (ii) Akwely (iii) Amuzukupei (iv) Bigman Town.
Mr First Deputy Speaker 11 a.m.
Yes, Hon Minister?
rose
Mr First Deputy Speaker 11 a.m.
Hon Member, are you up on a point of order?
Dr Donkor 11 a.m.
Mr Speaker, rightly so.
I would like to know if the Hon Member who got up to ask the Question is in a T- shirt.
Mr First Deputy Speaker 11 a.m.
Hon Member, you are out of order.
Hon Minister, please, continue.
Alhaji Dauda 11 a.m.
Mr Speaker, the four communities, CP, Akwely, Amuzukupei and Bigman Town, even though are within the Awutu-Senya East Constituency of the Central Region, fall mainly within the supply area of the Weija Water Treatment Plant.
The extension of pipelines to CP, Akwely, Amuzukupei and Bigman Town to solve their water problems would be carried out when funds are available.
Thank you Mr Speaker.
Mrs Koomson 11 a.m.
Mr Speaker, is the Hon Minister telling me that when he does not get money in his Ministry, these communities would suffer to get water?
Mr Speaker, what I know is that, the former Administration -- the NPP Govern- ment built a water reservoir, so that water from Kwanyarko and Weija could be sent there and be supplied to all these communities. Now that there is no money in his Ministry and the reservoir is already built, what is he doing to help these people out of their situation?
Mr First Deputy Speaker 11 a.m.
Hon Minister?
Alhaji Dauda 11 a.m.
Mr Speaker, these communities can be served either from Kwanyarko Water System or the Weija Water System. But if we do not have the distribution system in place, we cannot supply water to these communities.
Therefore, we are only able to do the extension of pipelines to these communities when funds are available and that is what I have indicated. As of now, we do not have funds to do it. If tomorow I have funds, I would carry out the extension of pipelines in her constituency, to be able to get water for her people and for our people.
Thank you very much.
Mr First Deputy Speaker 11 a.m.
Yes, Hon Member?
But Hon Minister, probably, we are looking at some kind of intervention while you are waiting for funds. If you could address that kind of issue, probably, it would be of assistance.
Alhaji Dauda 11 a.m.
Mr Speaker, from time to time, we offer tanker services to depressed communities; but that would be based on requests made. I would therefore, have a chat with the Hon Member to see what we can do in such crisis, to provide tanker services to solve their problems.
Thank you very much.
Mr First Deputy Speaker 11 a.m.
Yes, Hon Member?
Mr Frank Boakye Agyen 11 a.m.
Mr Speaker, in fact, your intervention took the wind out of my sail because I was going to ask and I would ask the Hon Minister that this fetish of “when funds are available” is becoming unbecoming.
Therefore, would the Hon Minister put a time frame when the people of C.P., Akwely, Amuzukupei, Bigman Town will get water? This is because water is life.
Mr First Deputy Speaker 11 a.m.
Yes, Hon Minister?
Alhaji Dauda 11:10 a.m.
Mr Speaker, I am unable to put a time frame on this.
Alhaji Abubakari Dey 11:10 a.m.
Mr Speaker, he said that the resources provided by this House. But this House does not provide resources; we approve resources. He should be corrected.
Mr Speaker, still on this issue of when funds will be available. I would want to know from the Hon Minister, even in the absence of funds, can he provide this House with any policy direction in his Ministry which indicates that indeed, when funds are available this project would be put on the priority list?
Alhaji Dauda 11:10 a.m.
Mr Speaker, I cannot make any commitments as of now, whether these communities would be put in my budget. We have several millions of communities in this situation and therefore, I would not rush to say that I would provide for these communities in the next budget. But Mr Speaker, I have already indicated that I would have a chat with the Hon Colleague and we would see what we can do to fix the problem.
I thank you very much.
Mr First Deputy Speaker 11:10 a.m.
Hon Members, this brings us to the end of Question time.
Hon Minister, thank you for attending upon this House. We are very grateful.
Hon Deputy Majority Whip --
Mr Ahmed Ibrahim 11:10 a.m.
Mr Speaker, we can take item 6.
Mr First Deputy Speaker 11:10 a.m.
Hon Members, at the Commencement of Public Business, item 6 -- Customs Bill, 2014 at the Consideration Stage.
BILLS -- CONSIDERATION 11:10 a.m.

STAGE 11:10 a.m.

  • [Resumption of debate from 09-07- 2014]
  • Mr A. Ibrahim 11:10 a.m.
    Mr Speaker, again, the Hon Minister for Finance himself is unavoidably absent and I would want to crave your indulgence and the indulgence of Hon Members, if we could permit the Hon Deputy Minister for Finance to work on his behalf
    Mr First Deputy Speaker 11:10 a.m.
    Yes, Hon Ranking Member?
    Dr A. A. Osei 11:10 a.m.
    Mr Speaker, the Hon Deputy Majority Whip, I thought made reference to item 6. Item 6 is not the business of the Hon Minister for Finance. So, why is he craving your indulgence to allow the Minister? It is the Hon Chairman of the Committee. So -- [Interruption] -- are you with us today; are you with us?
    Mr First Deputy Speaker 11:10 a.m.
    Very well.
    Hon Members, at this stage, we are dealing with the Hon Chairman of the Committee. The Hon Deputy Minister is here; he can assist him in the course of the deliberations.
    Dr A. A. Osei 11:10 a.m.
    Yes.
    Mr First Deputy Speaker 11:10 a.m.
    Clause 12 --
    Chairman of the Committee (Mr James K. Avedzi) 11:10 a.m.
    Mr Speaker, yesterday we stood down clause 12 and we are still having discussions on that. So, I would plead that we go on to clause 15.
    Mr First Deputy Speaker 11:10 a.m.
    Hon Members, I will deal with clauses 13 and 14 before we come to clause 15. Have you finished with those ones?
    Mr Avedzi 11:10 a.m.
    Mr Speaker, yesterday we finished with clauses 13 and 14, so, we are to go to clause 15.
    rose
    Mr First Deputy Speaker 11:10 a.m.
    Very well.
    Thank you very much.
    Yes, Hon Ranking Member --
    Dr A. A. Osei 11:10 a.m.
    Mr Speaker, yesterday, an issue cropped up and the Clerk gave the impression that what he did was right and we took it that he was correct. But it appears that he has gone back now to advertise the Committee's amendment. Yesterday, what he advertised was not the Committee's amendment. When I drew his attention, he indicated that he did the right thing. Now, he has gone back to the Committee's amendment. So, I am wondering what type of advice are we getting.
    My concern was that, even though the rendition for the amendment was immaterial, it was important that the Committee's amendment be as it was. And he is agreeing. But yesterday, he disagreed with us. So, I would want to know, what he is doing.
    Mr First Deputy Speaker 11:10 a.m.
    In respect of which of the clauses are you referring to?
    Dr A. A. Osei 11:10 a.m.
    Clause 12 --
    Mr First Deputy Speaker 11:10 a.m.
    I thought we had been advised that, that be stood down?
    Dr A. A. Osei 11:10 a.m.
    But then, it was a related issue that is important for us to solve. He advertised an amendment which was not what the Committee had presented. Then when we sought his advice, he gave the impression that it was alright the way he did it. But now, he has gone back to the Committee's amendment. So, we want to be sure that the Clerk is leading us correctly. I would want to be sure.
    Mr First Deputy Speaker 11:10 a.m.
    Very well. I will direct that you sort it out with the Clerk. Since it is being deferred, you sort it out with the Clerk.
    Dr A. A. Osei 11:10 a.m.
    All right, Mr Speaker.
    Mr First Deputy Speaker 11:10 a.m.
    Hon Second Deputy Speaker to take the Chair.
    Clause 15 --
    Clause 15 -- Meaning of master --
    Mr Avedzi 11:10 a.m.
    Mr Speaker, I beg to move, clause 15, line 2, delete “or the agent of the master.”
    So, the new rendition will read:
    “For the purpose of this part, “master” means a person who is in charge of a conveyance.”
    Mr Speaker, the Committee is of the view that adding “or the agent of a master” is not relevant in the definition of a “master” here. It should end at “conveyance”. So, that “master” will mean a person who is in charge of a conveyance.
    Mr First Deputy Speaker 11:10 a.m.
    Hon Members, it is a straightforward amendment.
    Question put and amendment agreed to.
    Clause 14 as amended ordered to stand part of the Bill.
    Mr First Deputy Speaker 11:10 a.m.
    The Hon Second Deputy Speaker is to take over the Chair.
    MR SECOND DEPUTY SPEAKER
    Mr Second Deputy Speaker 11:20 a.m.
    Clause
    16.
    Clause 16 -- Arrival of conveyance.
    Mr Avedzi 11:20 a.m.
    Mr Speaker, I beg to move, clause 16, subclause (1), paragraph (c), line 1, delete “shall”.
    Mr Speaker, the rendition will read 11:20 a.m.
    “In proceeding to the proper place, bring to at the station appointed for the boarding of conveyances”.
    Mr Speaker, this is relating to arrival of conveyance but “shall” in the phrase would change the meaning of what the Bill seeks to convey, and for that matter, the Committee is proposing a deletion of “shall”.
    Mr Second Deputy Speaker 11:20 a.m.
    Hon Member for Sekondi?
    Papa Owusu-Ankomah 11:20 a.m.
    Mr Speaker, it is not really a matter of changing the meaning. It will be tautologous, because the particular subclause, if governed by clause 16 (1).
    It will read:
    “A conveyance arriving in a country shall in proceeding to the proper place bring to the station appointed for the boarding of conveyances.”
    This is because, if one does not then delete the “shall”, it will read:
    “A conveyance arriving in the country shall in proceeding to the proper place shall bring …”
    Mr Second Deputy Speaker 11:20 a.m.
    Hon Yieleh Chireh?
    Mr Joseph Yieleh Chireh 11:20 a.m.
    Mr Speaker, if you also look at the two things -- I would also recommend that apart from removing the “shall”, we should also remove “to” or “at”.
    One cannot have “to at”. So, either -- Which one are you removing? Remove “at” and it would now read --
    “A conveyance arriving in a country shall in proceeding to the proper place, bring to the station appointed for the boarding of conveyances”.
    So, “at” should be deleted.
    Mr Avedzi 11:20 a.m.
    Mr Speaker, I agree with the Hon Member that in addition to the deletion of “shall”, we should also delete “at”, so that it would make it more clear.
    Mr Speaker, I support the amendment.
    Mr Second Deputy Speaker 11:20 a.m.
    Hon Member for Sekondi, you have been following the discussion?
    Papa Owusu-Ankomah 11:20 a.m.
    Mr Speaker, that is so.
    Mr Speaker, I agree with the amendment proposed by the Hon Member for Wa West.
    Question put and amendment agreed to.
    Mr Avedzi 11:20 a.m.
    Mr Speaker, there is some error in the Order Paper. Regarding subclauses (6), (7) and (8), the Committee did not propose any amendment, but it has been captured here as:
    “Amendment proposed -- subclause
    (6).”
    Nothing is said, and it says Chairman of the Committee, on page 3.
    Dr A. A. Osei 11:20 a.m.
    The amendment is to delete subclauses (6), (7) and (8). The amendment is to delete the three sub- clauses. That is the Committee's Report. What is here is not right. The Committee's Report says, delete subclauses (6), (7) and
    (8).
    Mr Second Deputy Speaker 11:20 a.m.
    So, it means that --
    Mr Avedzi 11:20 a.m.
    Mr Speaker, it has not been captured on the Order Paper. Can we therefore move it? We need your guidance.
    Mr Second Deputy Speaker 11:20 a.m.
    Yes, you can amend what is there.
    Mr Avedzi 11:20 a.m.
    I beg to move, delete subclause 6.
    Mr Second Deputy Speaker 11:20 a.m.
    Hon Yieleh Chireh, you want to say something?
    Mr Chireh 11:20 a.m.
    Mr Speaker, yes.
    It is very serious to be deleting subclauses 6, 7 and 8 without explanation. Why is he deleting them?
    Mr Second Deputy Speaker 11:20 a.m.
    I believe it is in the Report. Is it not? It is in the Report of the Committee. But in any event, Chairman of the Committee or Ranking Member, he has raised a genuine concern, so --
    Mr Chireh 11:20 a.m.
    The Report is even more silent. They just said “amendments”, and they did not give any reason they are deleting those subclauses.
    Mr Second Deputy Speaker 11:20 a.m.
    Hon Yieleh Chireh and other Members deserve to know why. So, I will invite the Chairman, the Ranking Member or any other member of the Committee who so wishes to intervene, to advise us why the deletion.
    Dr A. A. Osei 11:20 a.m.
    Mr Speaker, if you look at the headnote, it deals with arrival of conveyance. These subclauses are talking about arrival of goods. So, they do not belong here.
    Mr Second Deputy Speaker 11:20 a.m.
    So, are they deleted and put somewhere else, Chairman?
    Mr Avedzi 11:20 a.m.
    Mr Speaker, the explanation is what the Ranking Member has given. We are talking about conveyance but not goods.
    Mr Second Deputy Speaker 11:20 a.m.
    I agree. But I am asking that, are they deleted from this subclause and taken somewhere. So, you should say it as part of the explanation.
    Mr Avedzi 11:30 a.m.
    Mr Speaker, this clause is basically limiting it to conveyance, and that is why we are deleting it. In the Bill, we will get to where importation of goods are, and it will be dealt with there.
    Question put and amendment agreed to.
    Mr Avedzi 11:30 a.m.
    Mr Speaker, I beg to move, clause 16, delete subclause (7),
    Mr Speaker, the reason is the same as we did for subclause (6).
    That is, we are deleting because the subclause (8) is referring to goods as the headnote of the clause is dealing with arrival of conveyance.
    Question put and amendment agreed to.
    Mr Second Deputy Speaker 11:30 a.m.
    Chairman of the Committee?
    Mr Avedzi 11:30 a.m.
    Mr Speaker, I beg to move, clause 16 -- delete subclause (8)
    The same reason for subclauses (6) and (7) applies.
    Question put and amendment agreed to.
    Mr Avedzi 11:30 a.m.
    Mr Speaker, I beg to move, clause 16, subclause (9), line 2, after “thousand” insert “and not more than three thousand.”
    Mr Speaker, the new rendition will read 11:30 a.m.
    “the master of a conveyance that contravenes a provision of this
    section shall incur a penalty of not less than one thousand and not more than three thousand penalty units, and the conveyance shall be retained.”
    Question put and amendment agreed to.
    rose
    Mr Second Deputy Speaker 11:30 a.m.
    Yes, W. O. Boafo?
    Mr W. O. Boafo 11:30 a.m.
    With regard to clause 16 (1) (a) line 1, the expression “come to”, sounds too pedestrian to me - - “come to”. It does not relate to the shipping trade at all.
    “A conveyance arriving in the country shall come to a port …”
    “Come to” -- it sounds too pedestrian to me. Maybe the Chairman may have an explanation why he chose to use that expression; “come to”.
    Mr Second Deputy Speaker 11:30 a.m.
    Before the Chairman comes in --
    Mr W. O. Boafo 11:30 a.m.
    It is unparliamentary -
    - 11:30 a.m.

    Mr Second Deputy Speaker 11:30 a.m.
    Before the Chairman comes in, if we could seek the view of the Hon Majority Leader, Hon Yieleh Chireh or Hon Papa Owusu- Ankomah. When there are advertised amendments, is it possible for an Hon Member without any advertisement to say that we should consider an amendment?
    Papa Owusu-Ankomah 11:30 a.m.
    It is under the Standing Orders -- without a formal Motion being filed.
    Mr Second Deputy Speaker 11:30 a.m.
    Then
    Hon W. O. Boafo, we are told that you are within your rights to do that.
    But the way you put it, it was as if you were raising an issue of general concern. But if it is an amendment you are proposing, then you can propose it.
    I understand what you are saying you want some technical or legal language than “come to”. You said “come to” was pedestrian --
    Mr W. O. Boafo 11:30 a.m.
    Mr Speaker, if he is able to explain, I will sit down. If he is unable to explain, then maybe, I may come up with something.
    Papa Owusu-Ankomah 11:30 a.m.
    Mr Speaker, under our Standing Orders, you are entitled to move an amendment and give the reasons for so moving. This is the Billl; it is not as if an amendment has been proposed by the Committee or a member.
    If he thinks the language is pedestrian and unparliamentary, he should move an amendment to introduce a more parliamentary expression.
    And it is within his right to do that; he is a very senior Member, the CJ in the House. So, he can do it.
    Mr Second Deputy Speaker 11:30 a.m.
    Hon Yieleh Chireh and then Hon Osei.
    Mr Chireh 11:30 a.m.
    Mr Speaker, he says that the word “come” is too pedestrian. So, which legal language would we use to make it for only lawyers or for -- he should suggest to us a better word. But if he does not have it also and he wants help, maybe, the word he has suggested would be better.
    But the Committee would be in the better position to tell us what the meaning of this should be; whether it is a term of art or it is just a word that they want to use.
    rose
    Mr Second Deputy Speaker 11:30 a.m.
    Hon Member?
    Dr A. A. Osei 11:30 a.m.
    Mr Speaker, you have invited the Hon Member to propose an amendment. Since he does not want to, I propose that we move on.
    We want to be pedestrian like the proponents of the Bill; if he thinks otherwise, but is not willing to, we can just move on.
    Mr W. O. Boafo 11:30 a.m.
    Mr Speaker, I found some solace in some expressions which they used later in the same clause “mooring and loading”. So, if we can adopt that, “shall moor or load”. That relates it to shipping language and it is parliamentary.
    Mr Second Deputy Speaker 11:30 a.m.
    Is the Hon Member moving an amendment? Are you moving an amendment?
    Mr W. O. Boafo 11:30 a.m.
    Yes, Mr Speaker.
    Mr Second Deputy Speaker 11:30 a.m.
    And your amendment is?
    Mr W. O. Boafo 11:30 a.m.
    My amendment is that “a conveyance arriving in the country shall moor or load at a port or another place.”
    Mr Speaker, I am using this language because under subclause 2, line 2, I find them using that expression; “mooring or unloading.”
    Mr Second Deputy Speaker 11:30 a.m.
    It is even in clause 16 (1) (b) “on arriving at any place or port, proceed quickly to the proper place of mooring or unloading.”
    If I can seek the liberty of asking advice from the technical man -- Hon Member for Tema Central?
    Hon Member for Tema Central, “mooring or loading or come to a port”, is there a difference in that? We are all trying to improve the law.
    Mr Kofi Brako 11:30 a.m.
    Mr Speaker, thank you.
    I am not very certain of what W. O. Boafo is actually advising.
    Apparently, to moor is to move within the port; in this case, it is arrival. You need to arrive before you unload or you moor in the port. I am a bit confused; I was just trying to find out if I can offer a better advice.
    But I think what is there should be allowed to be there for now.
    Mr Second Deputy Speaker 11:30 a.m.
    Thank you.
    Hon Member, we will be relying on you and others for expertise.
    So, Hon Boafo, we have been advised on the difference, so, we will abandon it.
    So, Hon Members, I will put the Question.
    Mr W. O. Boafo 11:30 a.m.
    Mr Speaker, he is saying that it should arrive before you moor, but if you look at the opening sentence of clause 16 (1), it provides that “a conveyance arriving in the country …”
    So, it presupposes that it has arrived already --
    Mr Second Deputy Speaker 11:30 a.m.
    Within the territorial waters or?
    Mr W. O. Boafo 11:30 a.m.
    Territorial waters.
    Mr Second Deputy Speaker 11:30 a.m.
    But “territorial waters” is too vague.
    Mr W. O. Boafo 11:30 a.m.
    So, it is for it to dock, moor or load.
    Mr Second Deputy Speaker 11:40 a.m.
    The Chairman of the Committee, are you following this very interesting “mooring, loading, arriving or coming to, or reporting at” or -- are you following the discussion?
    Mr Avedzi 11:40 a.m.
    Mr Speaker, I am following the Hon Member. But the Committee thinks that if a conveyance is arriving, there must be a place where that conveyance should come to. So, that place is a port or a place that is designated by the Commissioner-General for the conveyance to come. This is because it is not the entire country which would be designated as a port or a place for the conveyance to come and for the lack of a better word, station.
    So, if the conveyance is arriving, it must come to a port or place where the Commissioner-General designates for that conveyance to come and stop. So, if it has arrived, where is it? So, when it is arriving, it should come to a port. If it is arriving, it should come to a place where it has been marked for it to come and stop.
    That is why the amendment he is proposing should not hold.
    Mr Second Deputy Speaker 11:40 a.m.
    Thank you.
    Hon Ranking Member?
    Dr A. A. Osei 11:40 a.m.
    Mr Speaker, I would want to support the Chairman. But what the Hon Member seeks to do is that, if you go to subsection (2), which takes off from clause 16, subclause (1), the phrase, “arriving at the port”, has been used; so, in my view, subclause (1) (a) should therefore be “arrived at”. Then, when you read through, it follows. If you start with “come to”, and then in paragraph (d), you
    Mr Second Deputy Speaker 11:40 a.m.
    Are you suggesting that we say: “A conveyance arriving in the country, shall arrive at”?
    Dr A.A. Osei 11:40 a.m.
    Yes! So, when you go to the next one, it says: “On arriving at the port” , then it seems to follow.
    rose
    Mr Second Deputy Speaker 11:40 a.m.
    “It shall moor or unload”
    Hon Yieleh Chireh,where are you seeking solace?
    Mr Chireh 11:40 a.m.
    Mr Speaker, I would also want to support what the Chairman is saying. But to also further raise the issue, when we are making laws, we make them for the ordinary people to be able to understand it. To use the word “come”, it is the most ordinary one.
    Mr Second Deputy Speaker 11:40 a.m.
    Hon Yileh Chireh, who are the extraordinary people?
    Mr Chireh 11:40 a.m.
    The extraordinary people are those of us here and the lawyers.
    Mr Second Deputy Speaker 11:40 a.m.
    I rule you out. We are not extraordinary.
    Mr Chireh 11:40 a.m.
    In terms of law-making, I am not saying that you are extraordinary in any other way.
    Mr Second Deputy Speaker 11:40 a.m.
    Well, you are extraordinary; if the Speaker thinks that he is not extraordinary, that is his business.
    I have ruled you out; withdraw it.
    Mr Chireh 11:40 a.m.
    I withdraw “extraordinary”.
    I can say that the law is made for the ordinary people on the street, including us, and therefore, the word “come” is the most appropriate. I do not think that we should look for a more difficult word to define. That is why we should keep the word “come”.
    Mr Second Deputy Speaker 11:40 a.m.
    Hon Member for Sekondi, if you could be of assistance.
    The law, instead of using the word “ordinary”, when they want to use the objective test, do they not use the word, reasonable? They use another term. The law does not describe other people as ordinary. Lawyers say: “The reasonable person”, the objective test. What is the term that they use?
    Papa Owusu-Ankomah 11:40 a.m.
    It is the “reasonable man”, or the man on the Nima trotro, in the Ghanaian context.
    Mr Second Deputy Speaker 11:40 a.m.
    Hon Member for Sekondi, then the Ranking Member.
    Papa Owusu-Ankomah 11:40 a.m.
    Mr Speaker, I believe that the expression, “come to”, is used in the context in which it is appearing. You can not say: “A conveyance arriving in the country, shall arrive at a port”. No! But when you say: “A conveyance arriving in the country, shall on arriving at that port …”. It sounds better. “Come to”, conveys the meaning, even though it may sound pedestrian to the Hon Member for Akropong. I believe that in the context in which it is used, it is probably the best expression.
    Thank you very much Mr Speaker.
    Mr Second Deputy Speaker 11:40 a.m.
    So, on that note, let me put the Question, that it is the best expression, unless the Chairman of the Committee disagrees “come to” is the best expression.
    Mr Avedzi 11:40 a.m.
    Mr Speaker, I do not support the proposal of the Hon Member for Akropong.
    Mr Second Deputy Speaker 11:40 a.m.
    I am not putting his Question.
    Mr Avedzi 11:40 a.m.
    There is a new thing that has cropped up, which is clause 16 (1) (c), where after the amendment proposed by the Committee to delete “shall”, we also deleted “at” as proposed by Hon Yieleh Chireh.
    But the information we are getting is that, it is a term of art to maintain the “at” so that it would read: In proceeding to the proper place, bring “to” at the station appointed; “…at the station appointed for the boarding of conveyances.” Deleting “at” will change the meaning of what they will want to portray there.
    So, I would want to bring it to the attention of Members, so that we can abandon the further amendment that was proposed by the Member, which we all agreed to.
    Mr Second Deputy Speaker 11:40 a.m.
    Do we abandon it or rather you move for a further amendment?
    Mr Avedzi 11:40 a.m.
    We move and second it.
    Mr Second Deputy Speaker 11:40 a.m.
    Majority Leader, could we just abandon something we have moved and adopted. Could we just say we are abandoning it or do we have to move another Motion to undo what we have done?
    Dr Kunbuor 11:40 a.m.
    Mr Speaker, I guess that it would depend on what the individual Member is proposing. If he is insisting that it ought to be abandoned, and people think it ought not after the debate, we could take it in terms of which ever Motion is in place. So, if there is a Motion that is
    requesting that it be an amendment, it should be couched properly, so that Mr Speaker could put the Question. In the absence of that, you could decide that you are no more pursuing the amendment.
    Mr Second Deputy Speaker 11:40 a.m.
    Even though you have pursued it and the Question has been put, you could still suo moto decide that you are not --
    Dr Kunbuor 11:40 a.m.
    You would have to reverse the procedure.
    Mr Second Deputy Speaker 11:40 a.m.
    So, Hon Yieleh Chireh?
    Mr Chireh 11:40 a.m.
    Mr Speaker, once you have not put the Question on the whole clause, and we have relaxed the rules of the House sufficiently for this to be done, I would move that my amendment be dropped.
    Amendment withdrawn by leave of House.
    Mr Second Deputy Speaker 11:40 a.m.
    Let me put the Question on the whole of clause
    16.
    Question put and Motion agreed to.
    Clause 16 as amended ordered to stand part of the Bill.
    rose
    Mr Second Deputy Speaker 11:40 a.m.
    Hon W.O. Boafo, is there-
    Mr Boafo 11:40 a.m.
    Mr Speaker, I have been on my feet in respect of clause 16. I have two issues with it.
    Mr Second Deputy Speaker 11:40 a.m.
    Clause
    16?
    Mr W. Boafo 11:50 a.m.
    Yes, Mr Speaker.
    I have two issues to raise on clause 16. The first one relates to clause 16 (1) (a).
    Mr Second Deputy Speaker 11:50 a.m.
    The Question was not put on that one.
    Mr Boafo 11:50 a.m.
    Yes, Mr Speaker.
    It caters for specific and special places where the ship on arrival must come to. But Mr Speaker, there is no reference to emergency cases, where it practically becomes impossible to get in touch with the Commissioner-General, and I would want to know whether the Chairman took that into account when he was considering clause 16 (1) (a).
    Now, there are certain situations where the conveyance had to get to a certain place because of certain events, and it may practically be impossible to get in touch with the Commissioner-General, and in such situations, what should be done?
    Mr Second Deputy Speaker 11:50 a.m.
    I do not know whether we would want to -- You have a point of order? But he has finished speaking?
    Dr A. A. Osei 11:50 a.m.
    He says he wonders if the Chairman -- This is not the Chairman's Report; it is the Committee's Report. So, he should make reference to the Committee. The Chairman is conveying the message of the Committee, but not from him personally.
    Mr Second Deputy Speaker 11:50 a.m.
    Chairman of the Committee, I have a certain view on this. We have moved past clause 16. So, you must come to the second Consideration Stage. If you did not catch my eye, I promise that, next time, before I

    put the Question, I will survey the whole Chamber to make sure that whoever wants to catch my eye has caught my eye. But this is substantive, so, let us move on.

    Yes Majority Leader?
    Dr Kunbuor 11:50 a.m.
    Yes, Mr Speaker, normally, they should even have been proposed with your leave once you had already put the Question on the matter. But I also do not want the situation to be that any afterthought after the event should automatically trigger a second Consideration Stage. There must be really good reasons to go to a second Consideration Stage. That could not have been foreseen at the main Consideration Stage.
    So, it is not another leg of our procedure. It is under very exceptional circumstances that could not have been foreseen at the Consideration Stage. I have seen, Mr Speaker, Hon Members who do not take part in the deliberations of a matter only to come back and call for a second Consideration Stage on a matter. We must adhere strictly to the rules, so that we do not just stay round a Bill forever.
    Mr Second Deputy Speaker 11:50 a.m.
    Hon W. O. Boafo?
    Mr Boafo 11:50 a.m.
    Mr Speaker, I was just trying to invoke your flexibility in these processes. Moreover, I did not get up after the Question was put. I was on my feet, and this should convince Mr Speaker to take this matter up because I have indicated that I have two major issues to raise. So, Mr Speaker, with the greatest of respect, if you could grant me that indulgence -- [Pause.]
    Mr Second Deputy Speaker 11:50 a.m.
    Hon W. O. Boafo, I know that there is this flexibility; the rules have been relaxed but
    I do not want to behave like the Chancellor of Old, when he said “equity was as long as the Chancellor's foot”. I would want to remain within some very comfortable -- Otherwise, if we are not careful, we will go up and down and up and down.
    If I allow you to come in after I have put the Question, what justification would I have not to allow everybody? So, I believe that if you feel strongly about it, you have a window of opportunity, and I agree with the Majority Leader that it is not an automatic window; it should be something that we should use sparingly. But these matters are matters that can be dealt with subsequently.
    Hon Ranking Member?
    Dr A. A. Osei 11:50 a.m.
    Mr Speaker, in defence of the senior Colleague, you would recall that recently that we passed the Value Added Tax Bill -- it is now an Act and there have since been some imple- mentation difficulties. So, as a senior Colleague, he is trying to probe us, caution us, so that we tread carefully. That is why it is not an afterthought.
    As a senior Collegue, he is reminding us that as we go along, since this is a very important Bill, if there are issues that the Committee has not adverted its mind to, he is bringing our attention to it. But I would want to assure him that one does not have to contact the Commissioner- General in an emergency.
    An officer of the Commissioner-General is always available, so that problems may not arise; it says that any place that the Commissioner-General designates -- Once an officer is contacted, the Commissioner-General can designate that place. So, I would want to assure him that it is because of those circumstances that that provision is there.
    Mr Second Deputy Speaker 11:50 a.m.
    Majority Leader?
    Dr Kunbuor 11:50 a.m.
    I can agree with the Hon Ranking Member on this score, but to indicate that once the Hon Member himself has not proposed any amendment, I guess that he was just cautioning the House on this, so, we can proceed.
    Mr Second Deputy Speaker 11:50 a.m.
    Thank you.
    I have put a Question on the clause 16; it has already been adopted as part of the Bill.
    Clause 17 -- Report to be made on arrival of conveyance.
    Question put and amendment agreed to
    Clause 17 stands part of the Bill.
    Mr Second Deputy Speaker 11:50 a.m.
    Clause
    18.
    Clause 18 -- Failure to make a report.
    Mr Avedzi 11:50 a.m.
    Mr Speaker, I beg to move, clause 18, headnote, after “report” insert “or account for package reported”.
    Mr Speaker, the clause is talking about making a report or accounting for a package. So, we are changing the headnote to include “accounting for the package.”
    Mr Second Deputy Speaker 11:50 a.m.
    Hon Ranking Member?
    Dr A. A. Osei 11:50 a.m.
    Mr Speaker, I raised this matter yesterday; it is simply that the Committee's Report has a rendition that is different from what is advertised, and that is the concern that I have. With your permission, the Committee's Report reads:
    Dr A. A. Osei 11:50 a.m.


    “Headnote, delete and insert “failure to make report to account for package reported.”

    What is advertised reads:

    Headnote, after “report” insert “or account for package reported.”

    That is the issue that we must avoid. We must report the Committee's advertised amendments, then if somebody wants to amend it, so be it, so that the records are very clear.
    Mr Second Deputy Speaker 11:50 a.m.
    Chairman of the Committee?
    Mr Avedzi 11:50 a.m.
    Mr Speaker, I agree with him but it is the same thing as we did yesterday. Since it does not change the meaning of what we would want to portray, I hope that we can move it. But again, that caution should be taken serious, so that whatever the Committee proposes, should be captured on the Order Paper, in order not to economise the paper as you --
    Mr Second Deputy Speaker 11:50 a.m.
    Chairman of the Committee, I am minded not to make the same exception for the second time in two days, because if the exception starts becoming the rule --
    Dr A. A. Osei 11:50 a.m.
    Yes, so we would --
    Mr Second Deputy Speaker 11:50 a.m.
    Sorry. Excuse me. I have no doubt about your good faith but if that becomes the rule and there is a difference --
    Hon Majority Leader, yesterday, what happened was that something in the Report was not captured exactly in the Order Paper -- a proposed amendment.
    We were told that we should accept it because it did not change the substance. Even though there has been a change from the Report that was adopted to what was
    advertised, there was not change in substance. We made exception to that. Today, another one has come; so, now, is the exception becoming the rule?
    Dr Kunbuor noon
    Yes, Mr Speaker, that is why I have been cautioning that Hon Members of Parliament are not draftspersons. What we always seek to do in our amendments is to do the draftspersons work. Let us get the essence of what we want and then leave it to the draftspersons, particularly, if you see a headnote --
    The Hon Speaker himself knows the legal consequences of a headnote. So, it should be captured in a particular way. It just does not have to be what the Committee wants. The Committee can say we want a headnote to capture this idea and then the draftspersons would put it in the language that is consistent with all headnotes in a particular legislation.
    So, let us go to the substance of the matter and advise that the draftspersons men do their work; if we are doing drafting on the floor of the House, that is not what we are entitled to do --
    Mr Second Deputy Speaker noon
    Hon Ranking Member?
    Dr A. A. Osei noon
    Mr Speaker, I do not know; who is a draftsperson? But this Committee met with the draftspersons at the Attorney-General's Office and when we expressed our intent, they agreed with what was in the Committee's Report.
    Mr Second Deputy Speaker noon
    Can you remind us what is in the Committee's Report?
    Dr A. A. Osei noon
    The Committee's Report has been accepted by this House and even if it is wrong --
    Mr Second Deputy Speaker noon
    No! Can you remind us; I just want you to do that for the records; page?
    Dr A. A. Osei noon
    Page 10.
    Mr Second Deputy Speaker noon
    That is the Report?
    Dr A. A. Osei noon
    Yes, paragraph 8:
    “Clause 18; amendment proposed. Headnote, delete and insert “failure to make report or accounts for package reporting.”
    Once the House accepts the Report, even if it is a mistake, it is the Committee's Report and the records must so reflect it, then the proper thing can be done. We have switched twice; yesterday, it was the same thing. We cannot change the rules that what we adopt is what must be in the records. That one, we cannot change.
    So, if you say the Committee has made a mistake; so be it. But once it has been accepted, it is not the matter of the draftsperson. That is what this House has approved and even if it is wrong, it is to be amended on this floor, not anywhere else.
    Dr Kunbuor noon
    Precisely what I am saying; I am not just dealing with this instant matter in which the Attorney- General would have been involved. The only thing a Parliament cannot do is to do something that is illegal. So, you can have all your legislative powers but if you are putting something into a law that is unconstitutional and it is not legal, Parliament is not permitted to do that.
    So, Parliament cannot a priori say it is wrong but it must be there. That is not the legislative process.
    You can do whatever you want in a Bill but to say that you can do what you know that it is wrong but because the Committee
    is wrong, it must be put in legislation, I do not agree. On this specific case, that is the Attorney-General's position and we agree with you.
    Mr Speaker, I am saying that on general matters of drafting, let us not be taking over that role. I have looked at the communication from the Attorney-General and you are right on this particular issue. That you capture it as it has come from the Attorney-General's Department. But to say that it is because it is from the Committee and the Committee has accepted it, that is the rule I did not want us to establish.
    The Committee, guided by the draftspersons, whatever they bring is what we will accept because they will take professional responsibility for it.
    Dr A. A. Osei noon
    In this case, the Attorney-Generals (AGs) people were with us. So, it is not that we are taking any exception. That is what I am saying.
    Mr Second Deputy Speaker noon
    Hon Yieleh Chireh?
    Mr Yieleh Chireh noon
    Mr Speaker, I have looked at the amendment that the Chairman is proposing and I do not think that it is even proper. We are talking about failure to report. It covers even “accounting for” and the word “package” there should not necessarily come on the headnote.
    The idea is that you have failed to report or account for whatever you want to say, but to make it a long headnote as a phrase, is inappropriate.
    Once it is captured and the idea is about accounting for something or failure to report on something, fine. But to add these other ones, you make the headnote unworthy. In that case, if you think that it is important, then you provide another clause and put the accounting element there, which will make it a different thing.
    Mr Yieleh Chireh noon


    But the failure there covers everything about accounting as well. So, to add another thing will make it a little clumsy. That is my view about it. I may not oppose the Chairman but I do not think it is not good.
    Mr Second Deputy Speaker noon
    Chairman of Committee, do you not think we should abandon it? We are going to be with this Bill for a while, so should we not move on? I am not comfortable when what is advertised is not what is in the Report, I must be frank with you. I do not want to do it twice; exceptions are exceptions.
    So, if you so desire -- if you would be kind enough to agree with me, then we will put clause 18 on hold and proceed to clause 19. We are coming here tomorrow; we are coming on Tuesday and on Wednesday; we will finish with this as fast as possible. We will not finish it today. I do not know your view.
    Yes?
    Mr Avedzi noon
    Mr Speaker, I would have agreed with you but the Hon Ranking Member is the one who raised the issue. So, if he is comfortable with your provision, then I will agree with you.
    Dr A. A. Osei noon
    There is no disagreement in terms of the intent of the amendment; so, with respect, Mr Speaker, on this one, I would want to remind us that we should not be making exceptions. But it is something that we have to keep our eyes on. So, if Mr Speaker will, I will crave your indulgence that you can call the Question numbers and then we move on.
    Mr Second Deputy Speaker noon
    Hon Member, this is known in law as approbating and reprobating. See the same person invite me to take note, now
    he invites me to ignore what I have not taken note of. So, now, when you speak Twi, what should I do? Anyway, it is my duty to be an impartial referee, so, I will remain as such.
    Question put and amendment agreed to.
    Mr Avedzi noon
    Mr Speaker, I beg to move, clause 18, subclause (1), paragraph (b), delete and insert the following:
    “(b) makes a report that contains false particulars”
    Mr Speaker, the current rendition in the Bill says if any of the particulars contained in the report are false, the Committee feels that they should change the rendition to read “makes a report that contains false particulars.”
    Mr Second Deputy Speaker noon
    Hon W. O. Boafo?
    Mr W. O. Boafo noon
    Mr Speaker, I have already marked --
    Mr Second Deputy Speaker noon
    Where you will comment?
    Mr Boafo noon
    Yes, but I agree with the amendment.
    Mr Second Deputy Speaker noon
    All right.
    Thank you very much.
    Question put and amendment agreed to.
    Mr Avedzi noon
    Mr Speaker, I beg to move, clause 18, subclause (1), concluding phrase after paragraph (c), line 1, after “thousand” insert “and not more than three thousand.”
    The new rendition will read:
    “The master shall incur a penalty of not less than one thousand and not more than three thousand penalty units.”
    Mr Speaker, the Committee is setting up the upper limit and the lower limit for the penalty to be applied.
    Mr Second Deputy Speaker noon
    Sorry. Just for our education; how much is a penalty unit now?
    Mr Avedzi noon
    GH¢12.00.
    Mr Second Deputy Speaker noon
    GH¢12.00.
    So, it means, it is twelve thousand --
    Mr Avedzi noon
    Times three thousand.
    GH¢12.00 times 3,000.
    Mr Second Deputy Speaker 12:10 p.m.
    Yes, so your minimum is GH¢12,000 and your maximum is GH¢36,000.00?
    Thank you.
    Question put and amendment agreed to.

    Clause 18
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 18, subclause (2), delete and insert the following:
    “(2) If a package reported is not:
    (a) duly unloaded, removed or deposited in custom-controlled area or any other place approved by the Commissioner-General, and entered and cleared from it in accordance with this Act; or
    (b) produced to the proper officer for deposit or deposited in a State warehouse in accordance with this Act, the master or the agent shall pay the duty on the package and in addition a penalty of three hundred per cent of the duty involved, unless the master or the agent explains to the satisfaction of the Com- missioner-General the failure to deal with the package.”
    Dr A. A Osei -- rose —
    Mr Second Deputy Speaker 12:10 p.m.
    Hon Member?
    Dr A.A Osei 12:10 p.m.
    Mr Speaker, he just took care of the point that I was going to raise.
    Question put and amendment agreed to.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 18, subclause (3), line 1, delete “subsection (1) and insert “subsection
    (2)”
    Mr Speaker, the section being referred to is subsection (2) and not subsection
    (1).
    Question put and amendment agreed to.
    Clause 18 as amended ordered to stand part of the Bill.
    Clause 19-- Duties of a master.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 19, subclause (3), line 2, after “hundred” insert “and not more than six hundred.”
    Mr Speaker, the new rendition would read 12:10 p.m.


    “Where the list of names is not correct or complete, the master shall incur a penalty of not less than two hundred and not more six hundred penalty units.”

    Mr Speaker, the Committee is setting the upper limit and the lower limit of the penalty.

    Question put and amendment agreed to.

    Clause 19 as amended ordered to stand part of the Bill.

    Clause 20-- Breaking of bulk.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 20 -- concluding phrase after paragraph (c), line 1, after “hundred” insert “and not more than one thousand, five hundred.”
    Mr Speaker, the new rendition will read 12:10 p.m.
    “The master shall incur a penalty of not less than five hundred and not more than one thousand five hundred penalty units.”
    Mr Speaker, the same reason is applied here by setting up the upper and lower limits of the penalty.
    Question put and amendment agreed to.
    Clause 20 as amended ordered to stand part of the Bill.
    Clause 21-- Mooring and unloading.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 21, subclause (10), line 2, after “hundred” insert “and not more than six hundred”.
    Mr Speaker, the new rendition will read;
    “A master who fails to remove the conveyance when required to do so, shall incur a penalty of not less than two hundred and not more than six hundred penalty units.”
    Question put and amendment agreed to.
    Clause 21 as amended ordered to stand part of the Bill.
    Clause 22-- Liability of goods other than cargo subject for future.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 22, subclause (5), line 5, after “thousand” insert “and not more than three thousand.”
    Mr Speaker, the new rendition will read 12:10 p.m.
    “Where the importer does not deliver to the proper officer, a full and true account of the bullion, currency note or coin which is imported, including their weight and value, within forty-eight hours after their removal from the importing conveyance, the importer shall incur a penalty of not less than one thousand and not more than three thousand penalty units.”
    Question put and amendment agreed to.
    Clause 22 as amended ordered to stand part of the Bill.
    Clause 23 -- Penalties and charges.
    Mr Avedzi 12:10 p.m.
    Mr Speaker, I beg to move, clause 23, subclause (1), paragraph (b), line 1, delete “of” and insert “for”.
    Mr Speaker, the new rendition will read 12:10 p.m.
    “expenses for removing the goods to a State warehouse” and not “expenses of”.
    Question put and amendment agreed to.
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I beg to move, clause 23, subclause (3), line 4, delete “three hundred and fifty penalty units” and insert “four hundred and not more than one thousand, two hundred penalty units”
    Mr Speaker, the new rendition will be 12:20 p.m.
    “Where an officer boards a conveyance and finds goods on the conveyance and after leaving the conveyance the officer or any other officer boards the conveyance and finds the goods have been unlawfully unloaded, the master shall incur a penalty of not less than four hundred and not more than one thousand, two hundred penalty units.”
    Question put and amendment agreed to.
    Dr A. A. Osei 12:20 p.m.
    Mr Speaker, I was just checking my notes and it looks like, it is not advertised; there should have been an amendment to subclause (4), almost like what was done in subclause (3). My notes show that we should have done it but it was not advertised and I was wondering.
    The Committee's Report is not talking about it but my notes show that there has to be an upper limit there also in terms of the consistency and it is: “not less than four hundred and not more than one
    thousand, two hundred”, almost verbatim but for some reason the Committee's Report did not capture it.
    Mr Second Deputy Speaker 12:20 p.m.
    Do you want to move it?
    Dr A. A. Osei 12:20 p.m.
    I crave the indulgence of the Hon Chairman to move the amendment.
    Mr Avedzi 12:20 p.m.
    Mr Speaker, my notes also show that subclause (4) of clause 23 should also be amended.
    Mr Speaker, I beg to move, clause 23, subclause (4), line 4, delete “three” and insert “four” and after “and” delete “fifty” and insert “not more than one thousand two hundred.”
    So, the new rendition will read:
    “Where a master does not bring a conveyance that is liable to seizure or examination under this Act, or fails to allow the conveyance to return for the period that the Boarding Officer requires, the master shall incur a penalty of not less than four hundred and not more than one thousand, two hundred penalty units.”
    Question put and amendment agreed to.
    Clause 23, as amended ordered to stand part of the Bill.
    Clause 24 -- Aircraft and ship stores.
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I beg to move, clause 24, subclause (3), line 2, delete “taking” and insert “taken”.
    Mr Speaker, the new rendition will read 12:20 p.m.
    “stores shall not be used on board for the use of an aircraft or ship or taken on board by an aircraft or ship be considered to be stores except
    Dr A. A. Osei 12:20 p.m.
    Mr Speaker, I have no objection to the proposed amendment.
    Question put and amendment agreed to.
    Clause 24 as amended ordered to stand part of the Bill.
    Dr A. A. Osei 12:20 p.m.
    Mr Speaker, when we were dealing with clause 16, you would recall we deleted subclauses (6), (7) and (8) and you asked that where they were coming in. So, I would want to crave your indulgence -- even though we agreed that we will stop at clause 24 -- That they are coming in at clause 25 as new subclauses. So, if we can just complete that and then go with the agreement, it will be proper.
    Mr Second Deputy Speaker 12:20 p.m.
    So, we will take clause 25 and bring proceedings to a close? All right.
    Clause 25 -- Departure of conveyance.
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I beg to move, clause 25 add the following new subclauses:
    “(5) The time when goods are exported is the time when the goods are put on board the exporting aircraft or ship.
    (6) Where the goods are prohibited to be exported, the time when the goods are exported is the actual
    time at which the aircraft or ship departed from its final position, anchorage or berth within the country.
    (7) Where the goods are exported overland or by inland waters the time of exportation is the time at which the goods pass across the boundaries of the country.”
    Alhaji Ibrahim Dey Abukari 12:20 p.m.
    Mr Speaker, I do not understand the subclause (60) of proposed amendment. [An Hon Member: You just do not understand it?] Yes. This is because it says that when the goods are prohibited, the time the goods are exported is the actual time at which the aircraft has departed from its final position or its anchorage. It cannot be both.
    Either the time it departed or the time it arrived. But if it says that the time it departed or the time of anchorage -- It cannot be both. We have to be precise; it is either the time it has anchoraged, or the time it has departed, it cannot be both.
    Mr Speaker, it does not make sense to me because we have two countries. Either it departed from country A or it anchoraged or berthed at country B. And if we want to know the actual time it was exported, either we take the time it departed or the time it anchoraged at the other country. It cannot be both.
    Mr Second Deputy Speaker 12:20 p.m.
    The Hon Member's intervention has been met with silence, is what he is saying is correct?
    Hon Ranking Member? Hon Chairman?
    Mr Avedzi 12:20 p.m.
    Mr Speaker, I do not understand the Hon Member. The anchorage or the berth referred to here is the position of that aircraft or the ship and that is what the amendment is talking about the final position. So, when there is
    a movement from that anchorage or the berth, that is the time of exportation. So, maybe, he is understanding the an- chorage differently in this context, but that is what we mean by that.
    Dr Kunbuor 12:30 p.m.
    Mr Speaker, I guess this proposed amendment is made this way to deal with international trade requirement -- The particular time at which the items are put at the disposal of the buyer -- and it varies on item to item. Some can be on trucks, some can be on rail and some can be also on -- So, the time varies.
    So, one has to put it this way to capture all the facets, this is because title and consequences begin to occur at the time the goods are put at the disposal of the buyer. And what constitutes “putting at the disposal of the buyer” varies from transaction to transaction.
    So, when I looked at it, I thought that was why it was put this way, to capture all the other situations.
    Mr Speaker will know that there are international standards that we are all bound by. We became signatories and we use those standards for all these international trade transactions.
    Mr Frederick Opare-Ansah 12:30 p.m.
    Mr Speaker, I was just seeking clarification on the usage of the departure from its final position. That is where I seem to have some agreement. If it is in reference to the ship or aircraft, then I am not sure where it is berthed or anchored, is its final position, if you are talking of it departing; if you can help us a bit; we are confused here.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, we are talking about goods that are prohibited; so, if it is anchored, that is its final position. They are prohibited, they are not
    Mr Second Deputy Speaker 12:30 p.m.
    Majority Leader?
    Dr Kunbuor 12:30 p.m.
    Mr Speaker, the parallel of it is simply in sale of goods, when title passes, and that varies depending on the nature of the goods. This is because there are consequences of the illegality of the transaction, somebody has to take that consequence whether it is at the level of anchorage, it is at the level of moving it.
    If you do not capture it this way, you have to bring so many of those standard forms to be able to capture and anticipate other situations, in terms of the final position.
    Mr Second Deputy Speaker 12:30 p.m.
    Hon Ranking Member?
    Dr A. A. Osei 12:30 p.m.
    We are being informed that this issue came up with the draftspersons at the Attorney-General's (AG) Office and the AGs Office appears to agree with the current rendition. So, with that, we want to accept the Motion.
    Mr Second Deputy Speaker 12:30 p.m.
    Let me just say, Majority Leader, that I am just looking at the Report of the Committee; when you were speaking, you mentioned the fact that this really falls within the framework of International Trade Agreements and so, on that, we have signed and the language and so on and so forth.
    I could not agree with you more. But when I looked at the Report of the Committee, they state at page 1, paragraph 20, the documents that they referred to in their deliberations:
    a. 1992 Constitution
    b. Standing Orders of the Parliament of Ghana
    Dr Kunbuor 12:30 p.m.
    Mr Speaker, if you look at clause 1 of the Bill, you will see clearly that it is making reference to the Harmonized Commodity Desccritption and Coding System which is the interna- tionally accepted mode of it. So, that has been incorporated and what I was referring to is actually one that is derived from this.
    So, by reference, I thought that the Committee should have also indicated that they took into cognisance in their deliberations that one.
    When you look at what that harmonized code is, it indicates --
    Mr Second Deputy Speaker 12:30 p.m.
    So, you would agree with me that the Committee should indicate it; maybe, they did not take it into account.
    Dr Kunbuor 12:30 p.m.
    I believe they did because even the amendments to the previous legislations that they will do, all of it has been tagged to it. In fact, in some cases, within one hour, the entire arrangement of this system can change and carriage of goods by air and by sea are all implicated in this coding system.
    Mr Second Deputy Speaker 12:30 p.m.
    Yes. But do you not think Majority Leader, that when we are doing these things -- For example, when you take some of these Bills, they indicate a schedule of the parity between the previous law and the present position. If you take for example, the Civil Procedure Act, they show the old Act, and the new Act.
    If we had a table for example which said that this is taken from a particular clause of the Harmonized Commodities and Distribution and Coding System, these questions would not arise.
    We have signed these international agreements; we are bound by them; it will educate all of us; it will vindicate the Hon Member who raised the point that led the whole House into silence for a minute.
    But Ranking Member, I will listen to you.
    Dr A. A. Osei 12:30 p.m.
    Mr Speaker, you are absolutely correct. Maybe, the Committee did not do itself well. But I can assure you, the documents from the World Customs Organisation (WCO) and World Trade Organisation (WTO) were available with the Commissioner-General at all times. This is because it was too technical; we thought when we had a difficulty, they would make reference.
    We ourselves did not have copies but they made sure it was available and when we had to make reference to it, they quoted
    the relevant parts, so, we used them during the deliberations.
    Mr Speaker, this is almost a 150 page Bill. If you attach all the documents and the minutes of our deliberations will reflect that this was done. So, maybe, we should attach the minutes next time.
    Mr Second Deputy Speaker 12:30 p.m.
    All right. But I thought we were told today that you were extraordinary, so, 150 pages, we should --
    Dr A. A. Osei 12:30 p.m.
    We are ordinary, so we do not want to --
    Mr Second Deputy Speaker 12:30 p.m.
    I will put the Question.
    Hon Members, be bold. Should I put the Question? I will put the Question.
    Question put and amendment agreed to.
    Clause 25 as amended ordered to stand part of the Bill.
    Mr Second Deputy Speaker 12:30 p.m.
    Hon Members, this brings us to the end of the Consideration Stage for today.
    Majority Leader?
    Dr Benjamin Bewa-Nyog Kunbuor 12:30 p.m.
    Mr Speaker, in the light of the large number of Committee meetings and the fact that the public hearing of the Appointments Committee is taking place, I beg to move, that the House be adjourned to Friday, the 11th of July, 2014 in the forenoon.
    Dr Anthony Akoto Osei 12:30 p.m.
    Mr Speaker, I beg to second the Motion.
    ADJOURNMENT 12:30 p.m.

  • The House was accordingly adjourned at 12.40 p. m. till Friday, 11th July, 2014 at 10.00 a. m.