IN THE SECOND SESSION OF THE SEVENTH PARLIAMENT OF THE FOURTH REPUBLIC OF GHANA
ORDER PAPER
FOR THE FIFTH SITTING OF THE EMERGENCY
MEETING OF PARLIAMENT
FRIDAY, 28TH SEPTEMBER 2018
BEFORE THE COMMENCEMENT OF PUBLIC BUSINESS
1. PRAYERS
2. CORRECTION OF VOTES AND PROCEEDINGS AND OFFICIAL REPORT
3. STATEMENTS
AT THE COMMENCEMENT OF PUBLIC BUSINESS
4. PRESENTATION OF PAPERS
The following Paper to be presented:
By the Chairman of the Committee
Report of the Committee of Selection on the Re-Composition of Committees of the House.
5. MOTION
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 Report of the Finance Committee on the Financing Agreement (Amended and Restated Financing Agreement) between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Thirty-Four Million, Eight Hundred Thousand Special Drawing Rights (SDR34,800,000.00) [Equivalent to US50 million] to finance the Ghana Commercial Agriculture Project (GCAP) may bemoved today.
(Chairman of the Committee)
6. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Financing Agreement (Amended and Restated Financing Agreement) between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Thirty-Four Million, Eight Hundred Thousand Special Drawing Rights (SDR34,800,000.00) [Equivalent to US50 million] to finance the Ghana Commercial Agriculture Project (GCAP).
(Chairman of the Committee)
7. RESOLUTION
WHEREAS
1. By the provisions of Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), the terms and conditions of all government borrowings shall be laid before Parliament and shall not come into operation unless the terms and conditions are approved by a resolution of Parliament in accordance with article 181 of the Constitution;
2. Pursuant to the provisions of the said Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), at the request of the Government of the Republic Ghana acting through the Minister responsible for Finance, there has been laid before Parliament the Financing Agreement (Amended and Restated Financing Agreement) between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Thirty-Four Million, Eight Hundred Thousand Special Drawing Rights (SDR34,800,000.00) [Equivalent to US50 million] to finance the Ghana Commercial Agriculture Project (GCAP).
THIS HONOURABLE HOUSE HEREBY RESOLVES AS FOLLOWS:
In accordance with the provisions of the said Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), this House approves the Financing Agreement (Amended and Restated Financing Agreement) between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Thirty-Four Million, Eight Hundred Thousand Special Drawing Rights (SDR34,800,000.00) [Equivalent to US50 million] to finance the Ghana Commercial Agriculture Project (GCAP).
(Minister for Finance)
8. MOTION
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 Report of the Finance Committee on the Supplier’s Credit Agreement between the Government of the Republic of Ghana and the Federal Republic of Brazil for an amount of Ninety-Five Million, Four Hundred and Fifty Thousand United States Dollars (US$95,450,000.00) to finance the Establishment and Strengthening of Agricultural Mechanisation Service Centres (AMSECs) may bemoved today.
(Chairman of the Committee)
9. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Supplier’s Credit Agreement between the Government of the Republic of Ghana and the Federal Republic of Brazil for an amount of Ninety-Five Million, Four Hundred and Fifty Thousand United States Dollars (US$95,450,000.00) to finance the Establishment and Strengthening of Agricultural Mechanisation Service Centres (AMSECs).
(Chairman of the Committee)
10. RESOLUTION
WHEREAS
1. By the provisions of Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), the terms and conditions of all government borrowings shall be laid before Parliament and shall not come into operation unless the terms and conditions are approved by a resolution of Parliament in accordance with article 181 of the Constitution;
2. Pursuant to the provisions of the said Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), at the request of the Government of the Republic Ghana acting through the Minister responsible for Finance, there has been laid before Parliament the Supplier’s Credit Agreement between the Government of the Republic of Ghana and the Federal Republic of Brazil for an amount of Ninety-Five Million, Four Hundred and Fifty Thousand United States Dollars (US$95,450,000.00) to finance the Establishment and Strengthening of Agricultural Mechanisation Service Centres (AMSECs).
THIS HONOURABLE HOUSE HEREBY RESOLVES AS FOLLOWS:
In accordance with the provisions of the said Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), this House approves the Supplier’s Credit Agreement between the Government of the Republic of Ghana and the Federal Republic of Brazil for an amount of Ninety-Five Million, Four Hundred and Fifty Thousand United States Dollars (US$95,450,000.00) to finance the Establishment and Strengthening of Agricultural Mechanisation Service Centres (AMSECs).
(Minister for Finance)
11. MOTION
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 Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Twenty-Five Million, Two Hundred and Forty Thousand Special Drawing Rights (SDR25,240,000.00) [Equivalent to US35 million] to finance the proposed Public Sector Reform for Results Project (PSRRP) may bemoved today.
(Chairman of the Committee)
12. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Twenty-Five Million, Two Hundred and Forty Thousand Special Drawing Rights (SDR25,240,000.00) [Equivalent to US35 million] to finance the proposed Public Sector Reform for Results Project (PSRRP).
(Chairman of the Committee)
13. RESOLUTION
WHEREAS
1. By the provisions of Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), the terms and conditions of all government borrowings shall be laid before Parliament and shall not come into operation unless the terms and conditions are approved by a resolution of Parliament in accordance with article 181 of the Constitution;
2. Pursuant to the provisions of the said Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), at the request of the Government of the Republic Ghana acting through the Minister responsible for Finance, there has been laid before Parliament the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Twenty-Five Million, Two Hundred and Forty Thousand Special Drawing Rights (SDR25,240,000.00) [Equivalent to US35 million] to finance the proposed Public Sector Reform for Results Project (PSRRP).
THIS HONOURABLE HOUSE HEREBY RESOLVES AS FOLLOWS:
In accordance with the provisions of the said Article 181 of the Constitution and Sections 55 and 56 of the Public Financial Management Act, 2016 (Act 921), this House approves the Financing Agreement between the Government of the Republic of Ghana and the International Development Association (IDA) of the World Bank Group for an amount of Twenty-Five Million, Two Hundred and Forty Thousand Special Drawing Rights (SDR25,240,000.00) [Equivalent to US35 million] to finance the proposed Public Sector Reform for Results Project (PSRRP).
(Minister for Finance)
14. MOTION
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 Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy amounting to the Ghana Cedi equivalent of Two Million, Eight Hundred and Seventy-Two Thousand, Nine Hundred and Eighty-Five United States Dollars (US$2,872,985.00) on project materials and equipment to be imported in respect of the Construction of Advanced Research Center for Infectious Diseases at the Noguchi Memorial Institute for Medical Research (NMIMR), University of Ghana, Legon may bemoved today.
(Chairman of the Committee)
15. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy amounting to the Ghana Cedi equivalent of Two Million, Eight Hundred and Seventy-Two Thousand, Nine Hundred and Eighty-Five United States Dollars (US$2,872,985.00) on project materials and equipment to be imported in respect of the Construction of Advanced Research Center for Infectious Diseases at the Noguchi Memorial Institute for Medical Research (NMIMR), University of Ghana, Legon.
(Chairman of the Committee)
16. RESOLUTION
THIS HONOURABLE HOUSE IS RESPECTFULLY REQUESTED TO ADOPT THE FOLLOWING RESOLUTION:
WHEREAS
1. 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;
2. 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;
3. By the combined operation of the provisions of section 150(i) of the Customs Act 2015, (Act 891), the Export and Import Act, 1995 (Act 503), the Export Trade, Agricultural and Industrial Fund Act, 2013 (Act 872), the Value Added Tax Act, 2013 (Act 870), the Value Added Tax (Amendment) Act, 2015 (Act 890), the Value Added Tax (Amendment) Act, 2017 (Act 948) 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 may exempt any statutory corporation, 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 or individual to pay such duties and taxes;
4. In accordance with the provisions of the Constitution and at the request of the Government of Ghana acting through the Minister responsible for Finance, there has been laid before Parliament a request by the Minister for Finance for the prior approval of Parliament the exercise by him of his power under the Laws and Regulations relating to the waiver of Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy amounting to the Ghana Cedi equivalent of Two Million, Eight Hundred and Seventy-Two Thousand, Nine Hundred and Eighty-Five United States Dollars (US$2,872,985.00) on project materials and equipment to be imported in respect of the Construction of Advanced Research Center for Infectious Diseases at the Noguchi Memorial Institute for Medical Research (NMIMR), University of Ghana, Legon.
NOW THEREFORE, this Honourable House hereby approves the exercise by the Minister responsible for Finance of the power granted to him by Parliament by Statute to waive such Import Duties, Import VAT, Import NHIL, ECOWAS Levy, EXIM Levy, Special Import Levy amounting to the Ghana Cedi equivalent of Two Million, Eight Hundred and Seventy-Two Thousand, Nine Hundred and Eighty-Five United States Dollars (US$2,872,985.00) on project materials and equipment to be imported in respect of the Construction of Advanced Research Center for Infectious Diseases at the Noguchi Memorial Institute for Medical Research (NMIMR), University of Ghana, Legon.
(Minister for Finance)
17. MOTION
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 Report of the Committee of Selection on the Re-Composition of Committees of the House may bemoved today.
(Chairman of the Committee)
18. MOTION
That this Honourable House adopts the Report of the Committee of Selection on the Re-Composition of Committees of the House.
(Chairman of the Committee)
19. MINERALS INCOME INVESTMENT FUND BILL, 2018
- At the Consideration Stage
i. Clause 7 – Amendment proposed – Delete and insert the
following:
“Functions of the Board
7. (1) The Board is responsible for the
(a) attainment of the objects of the Fund,
(b) making of operational policy; and
(c) general supervision of the management and affairs of the Fund.
(2) For the purpose of subsection (1), the Board shall
(a) perform its functions and conduct its affairs in accordance with sound investment and financial standards and practice and the investment policy of the Fund;
(b) ensure accountability of the Fund by defining appropriate procedures for its management; and
(c) perform any other function that is incidental to the achievement of the objects of the Fund.
(3) The Board shall promptly apprise the Investment Advisory Committee on matters in respect of which the advice of the Investment Advisory Committee is required under section 15.”
(Chairman of the Committee)
ii. Clause 28 – Amendment proposed – Sub-clause (5),
paragraph (a), at the beginning, insert “not”
(Chairman of the Committee)
Debate to continue
iii. Clause 37 – Amendment proposed – Head note, delete
“Accounts” and insert “Record keeping”
(Dr. Kojo Appiah-Kubi)
iv. Clause 37 – Amendment proposed – Delete and insert the
following:
“(1) The Board shall keep the books of account and records in the form approved by the Auditor-General.
(2) The Board shall submit the accounts of the Fund to the Auditor-General for audit at the end of the financial year.
(3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts and forward a copy each of the audit report to the Minister and the Board.
(4) The financial year of the Fund is the same as the financial year of the Government.”
(Chairman of the Committee)
v. Clause 38 – Amendment proposed – Delete
(Chairman of the Committee)
vi. Clause 39 – Amendment proposed – Sub-clause (3), line 2,
delete “statements” and insert “a statement”
(Chairman of the Committee)
vii. Clause 40 – Amendment proposed – Headnote, delete
“regulations”
(Chairman of the Committee)
viii. Clause 40 – Amendment proposed – Sub-clause (2), delete
(Chairman of the Committee)
ix. Clause 40 – Amendment proposed – Sub-clause (3), line 2,
delete “accommodate any amendments required by the Minister” and insert “reflect prevailing economic circumstances”
(Chairman of the Committee)
x. Clause 40 – Amendment proposed – Sub-clause (4), delete
and insert the following:
“The Board shall develop, adopt and, as appropriate, amend, revoke or supplement relevant codes of practice, internal guidelines or procedures consistent with this Act.”
(Chairman of the Committee)
xi. Clause 41 – Amendment proposed – Delete and insert the
following:
“Stability agreement
41. (1) The Minister may enter into a tripartite
stability agreement with the Fund and a Special Purpose Vehicle.
(2) An agreement entered into under subsection (1) shall not be adversely affected by
(a) a new enactment, rule, regulation, instrument, an order made, action taken or changes to
(i) an enactment,
(ii) rule,
(iii) regulation,
(iv) instrument,
(v) order made,
(vi) or any other action taken
that has the effect or purports to have the effect of imposing obligations on the Fund or Special Purpose Vehicle;
(b) subsequent changes to
(i) the level and payment of royalties, taxes, fees and other fiscal imposts, and
(ii) laws relating to exchange control, transfer of capital and dividend remittance.
(3) A stability agreement may also
(a) commit the Republic to cause the Fund to comply with its obligations under an allocation agreement;
(b) provide that the Republic shall not exercise its rights to receive minerals income in kind and shall instead continue to receive and have paid directly into the Fund, minerals income in cash;
(c) commit the Republic to exercise the rights of the Republic to obtain the carried interest under the Minerals and Mining Act, 2006 (Act 703) and any applicable Mineral Investment Agreements; and
(d) commit the Republic to enforce the rights of the Republic to collect minerals income under the Minerals and Mining Act, 2006 (Act 703) and any applicable Mineral Investment Agreements.
(4) A stability agreement entered into under subsection (1) is subject to ratification by Parliament.”
(Chairman of the Committee)
xii. Clause 41 – Amendment proposed – Sub-clause (2),
paragraph (c), line 2, delete “free” and insert “fee” and in line 3, before “applicable” insert “any”
(Mr. Haruna Iddrisu)
xiii. Clause 41 – Amendment proposed – Sub-clause (2),
paragraph (d), line 3, before “applicable” insert “any other”
(Mr. Haruna Iddrisu)
xv. Clause 42 – Amendment proposed – Sub-clause (2),
paragraph (a), delete
(Chairman of the Committee)
xvi. Clause 44 – Amendment proposed – Sub-clause (3), lines 3
and 4, delete “two hundred and fifty” and insert “twenty-five” and in line 4, delete “one million” and insert “fifty thousand”; in the line 5, delete “seven years and not more than eighteen” and insert “two years and not more than five”
(Chairman of the Committee)
xvii. Clause 44 – Amendment proposed – Sub-clause (5), line 1,
after “under” insert “subsection (4) of”
(Chairman of the Committee)
xviii. Clause 46 – Amendment proposed – Interpretation of
“allocation agreement”, line 2, delete “any” insert “a” and in paragraph (a), line 1, delete “any” insert “a”
(Chairman of the Committee)
xix. Clause 46 – Amendment proposed – Interpretation of
“dividend”, line 1, delete “to”
(Chairman of the Committee)
xx. Clause 46 – Amendment proposed – Interpretation of
“Fund”, line 1, delete “[Income]” and insert “Income”
(Chairman of the Committee)
xxi. Clause 46 – Amendment proposed – Interpretation of
“Ghana Revenue Authority”, line 1, delete “Ghana Revenue Authority” and insert “revenue collection authority”
(Chairman of the Committee)
xxii. Clause 46 – Amendment proposed – Add the following new
interpretation:
“‘Investment Advisory Committee’ means the Committee established under section 13;”
(Mr. Haruna Iddrisu)
xxiii. Clause 46 – Amendment proposed – Interpretation of
“Investment Policy Statement”, line 2, delete “to be adhered to”
(Chairman of the Committee)
xxiv. Clause 46 – Amendment proposed – Interpretation of
“mining company”, line 1, delete “which” and in paragraph (a), line 1, before “is”, insert “which” and further in line 5, delete “and” insert “or”
(Chairman of the Committee)
xxv. Clause 46 – Amendment proposed – Interpretation of
“minerals investment income”, line 3, delete “company” and insert “entity”
(Chairman of the Committee)
xxvi. Clause 46 – Amendment proposed – Interpretation of
“minerals operations”, line 1, delete “means” and insert “includes”
(Chairman of the Committee)
xxvii. Clause 46 – Amendment proposed – Interpretation of
“minerals royalties”, opening phrase, delete “minerals” and insert “mineral”
(Chairman of the Committee)
xxviii. Clause 46 – Amendment proposed – Interpretation of
“Ministry”, delete “of” and insert “responsible for”
(Chairman of the Committee)
xxix. Clause 46 – Amendment proposed – Interpretation of
“Special Purpose Vehicle”, line 2, delete “whether or not wholly owned by the Fund, as part” and insert “to receive minerals income assigned by the Fund and into which investors may invest or for the purpose”
(Chairman of the Committee)
xxx. Clause 46 – Amendment proposed – Add the following new
interpretation:
“‘Republic’ means the Republic of Ghana;”
(Mr. Haruna Iddrisu)
xxxi. New Clause – Amendment proposed – Add the following new
clause:
“Qualification of the Chief Executive Officer
A person is not qualified to be appointed a chief executive officer unless that person
(a) possesses the relevant professional competence and experience;
(b) is of high moral character and proven integrity; and
(c) has not filed for bankruptcy or adjudged to be bankrupt by a competent court of jurisdiction.”
(Chairman of the Committee)
xxxii. Long Title – Amendment proposed – Line 2, delete
“royalty” and insert “royalties” and after “due” delete “to”
(Chairman of the Committee)
That notwithstanding the provisions of Standing Order 131(1) which require that when a Bill has passed through the Consideration Stage, the third reading thereof shall not be taken until at least twenty-four hours have elapsed, the motion for the third reading of the Minerals Income Investment Fund Bill, 2018 may be moved today.
(Minister for Finance)
21. MOTION
That the Minerals Income Investment Fund Bill, 2018 be now read the third time.
(Minister for Finance)
22. THE HOUSE EXPECTED TO ADJOURN SINE DIE
23. COMMITTEE SITTINGS
NOTICE OF COMMITTEE SITTINGS
COMMITTEE ON WORKS AND HOUSING
Date: Friday, 28th September 2018
Time: 11:00 a.m.
Venue: Committee Room 8W (West Wing, 8th Floor, Job 600)
Agenda: To hold discussions with the Minister for Sanitation and Water Resources on the PURC’s order to Ghana Water Company Limited for breach of Section 11 of the Public Utilities Regulatory Commission Act, 1997 (Act 538).
KOJO ASEMANYI 
Business Statement - Emergency Meeting (24th - 28th September, 2018)
PROCEEDINGS OF PARLIAMENT - PLENARY