IN THE FOURTH SESSION OF THE SEVENTH PARLIAMENT
OF THE FOURTH REPUBLIC OF GHANA
ORDER PAPER
FOR THE TWELFTH SITTING OF THE THIRD
MEETING OF PARLIAMENT
TUESDAY, 27th OCTOBER, 2020
BEFORE THE COMMENCEMENT OF PUBLIC BUSINESS
1. PRAYERS
2. CORRECTION OF VOTES AND PROCEEDINGS AND OFFICIAL REPORT
3. STATEMENTS
4. AT THE COMMENCEMENT OF PUBLIC BUSINESS
PRESENTATION OF PAPERS
The following Papers to be presented:
(a) By the Chairman of the Committee
Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of Seven Million, Four Hundred and Forty-Four Thousand, Six Hundred and Ninety-Two United States Dollars and Sixty-Seven Cents (US$7,444,692.67 [made up of US$5,963,498.00 imports and US$1,481,194.67 local purchases]) on materials, equipment, and services to be procured for the Construction, Supply and Installation of Educational Equipment and Training to Ten (10) Regional Science, Technology, Engineering, Arts and Mathematics (STEAM) Centres.
(b) By the Chairman of the Committee
(i) Report of the Committee on Lands and Forestry on the Annual Report of the Forestry Commission for the year 2015.
(ii) Report of the Committee on Lands and Forestry on the Annual Report of the Lands Commission for the Year 2016.
(iii) Report of the Committee on Lands and Forestry on the Budget Performance Report in Respect of the Ministry of Lands and Natural Resources for the period January to December, 2019.
(c) By the Chairman of the Committee
Report of the Committee on Constitutional, Legal and Parliamentary Affairs on the Plant Variety Protection Bill, 2020.
5. MOTION
That this Honourable House adopts the Report of the Committee on Employment, Social Welfare and State Enterprises on the Operations and Financial Statements of Selected State-Owned Enterprises for the Year 2018.
(Chairman of the Committee)
6. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Development Association (IDA) for an amount equivalent to One Hundred and Twenty-Five Million United States Dollars (US$125,000,000.00) as additional financing for the Greater Accra Metropolitan Area Sanitation and Water Project (GSWP).
(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 a Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Development Association (IDA) for an amount equivalent to One Hundred and Twenty-Five Million United States Dollars (US$125,000,000.00) as additional financing for the Greater Accra Metropolitan Area Sanitation and Water Project (GSWP).
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, by resolution, the Financing Agreement between the Government of the Republic of Ghana (represented by the Ministry of Finance) and the International Development Association (IDA) for an amount equivalent to One Hundred and Twenty-Five Million United States Dollars (US$125,000,000.00) as additional financing for the Greater Accra Metropolitan Area Sanitation and Water Project (GSWP).
(Minister for Finance)
8. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import and Domestic VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of Ten Million, Eight Hundred and Seventy-Nine Thousand, Two Hundred and Twenty-Eight Euros and Ten Cents (€10,879,228.10) on materials, equipment, and services to be procured for the Construction of five (5) Technical and Vocational Education and Training (TVET) Centres of Excellence.
(Chairman of the Committee)
9. 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 and Domestic VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of Ten Million, Eight Hundred and Seventy-Nine Thousand, Two Hundred and Twenty-Eight Euros and Ten Cents (€10,879,228.10) on materials, equipment, and services to be procured for the Construction of five (5) Technical and Vocational Education and Training (TVET) Centres of Excellence.
NOW THEREFORE, this Honourable House hereby approves, by resolution, the exercise by the Minister responsible for Finance of the power granted to him by Parliament by Statute to waive such Import Duties, Import and Domestic VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of Ten Million, Eight Hundred and Seventy-Nine Thousand, Two Hundred and Twenty-Eight Euros and Ten Cents (€10,879,228.10) on materials, equipment, and services to be procured for the Construction of five (5) Technical and Vocational Education and Training (TVET) Centres of Excellence.
(Minister for Finance)
10. MOTION
That this Honourable House adopts the Report of the Finance Committee on the Request for waiver of Import Duties, Import VAT, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of One Million, One Hundred and Twelve Thousand, Four Hundred and Fifty-One United States Dollars (US$1,112,451.00) for China Gansu International Corporation for Economic and Technical Cooperation and Seven Hundred and Twenty-Six Thousand, Three Hundred and Forty-One United States Dollars (US$726,341.00) for China Railway Major Bridge on materials, equipment and works to be procured for the implementation of the Accra Intelligent Traffic Management Project under the Tranche B Facility Agreement between the Republic of Ghana and China Development Bank (CDB).
(Chairman of the Committee)
11. 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, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of One Million, One Hundred and Twelve Thousand, Four Hundred and Fifty-One United States Dollars (US$1,112,451.00) for China Gansu International Corporation for Economic and Technical Cooperation and Seven Hundred and Twenty-Six Thousand, Three Hundred and Forty-One United States Dollars (US$726,341.00) for China Railway Major Bridge on materials, equipment and works to be procured for the implementation of the Accra Intelligent Traffic Management Project under the Tranche B Facility Agreement between the Republic of Ghana and China Development Bank (CDB).
NOW THEREFORE, this Honourable House hereby approves, by resolution, 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, GETFund Levy, NHIL, EXIM Levy and Special Import Levy amounting to the Ghana Cedi equivalent of One Million, One Hundred and Twelve Thousand, Four Hundred and Fifty-One United States Dollars (US$1,112,451.00) for China Gansu International Corporation for Economic and Technical Cooperation and Seven Hundred and Twenty-Six Thousand, Three Hundred and Forty-One United States Dollars (US$726,341.00) for China Railway Major Bridge on materials, equipment and works to be procured for the implementation of the Accra Intelligent Traffic Management Project under the Tranche B Facility Agreement between the Republic of Ghana and China Development Bank (CDB).
(Minister for Finance)
12. REAL ESTATE AGENCY BILL, 2020
- At the Consideration Stage
i. New Clause – Amendment proposed – Add the following new
clause after clause 29:
“Suspension of a license
30. (1) The Council may suspend the licence of a real estate broker or real estate agent, where the Council determines that the real estate broker or real estate agent in the performance of a function authorised by the licence
(a) fails to use the real estate forms required for the real estate transaction;
(b) accepts cash in payment for the real estate transaction;
(c) fails, within reasonable time which shall not exceed one month, to pay out money received into a client account, to the client;
(d) pays a commission or fees, or divided commission or fees to a person who is not a licensed real estate broker or real estate agent; or
(e) fails to give a copy of the sale and purchase agreement to both the seller and purchaser of real estate.
(2) The Council shall suspend the license, if the Council
(a) gives at least ten days’ notice to the real estate broker or real estate agent whose license the Council intends to suspend;
(b) states in the notice the grounds of the suspension;
(c) serves on the real estate broker or real estate agent a copy of any complaint or charges which the Council proposes to consider; and
(d) gives the real estate broker or real estate agent, the opportunity to
(i) be heard either in person or to be represented by a lawyer,
(ii) examine and cross-examine witnesses and present documents and other evidence in support of the case of that Real estate broker or Agent.
(3) The Council shall suspend the license of a real estate broker or a real estate agent who after being given notice, fails to take the required remedial action within the specified time”
(Chairman of the Committee)
Debate to continue
ii. Clause 30 – Amendment proposed – Delete and insert the
following:
“Revocation of license
31. (1) Except as otherwise provided in this Act, the Council shall revoke the real estate broker license of a company, society, association or partnership, if that company, society, association or partnership ceases to have a licensed real estate broker as the designated officer or broker of that company, society, association or partnership.
(2) The Council shall revoke the license of a real estate broker or real estate agent if the Council determines that the license was obtained by fraud.
(3) Without limiting subsections (1) and (2), the Council may revoke the license of a real estate broker or real estate agent
(a) where the agreement entered into by that real estate broker or real estate agent in relation to the license of that real estate broker or real estate agent ceases to be effective;
(b) if that broker or agent is convicted by a court of competent jurisdiction for a serious offence; or
(c) if in the performance of a function authorised by the license, the real estate broker or real estate agent
(i) knowingly makes a fraudulent misrepresentation;
(ii) acts in the dual capacity of broker and undisclosed principal in the same transaction;
(iii) acts for more than one party in the same transaction without the knowledge and consent of the parties that the licensee represented in the transaction;
(iv) accepts, gives or charges an undisclosed commission, rebate or profit on expenditures from a principal;
(v) commingles the money or other property of a property owner with those of the licensee;
(vi) fails to disclose information on a property which is the subject matter of a transaction; or
(vii) accepts from a prospective seller a net listing.”
(Chairman of the Committee)
13. INSTITUTE OF CHARTERED ACCOUNTANTS, GHANA BILL, 2020
- At the Consideration Stage
i. Clause 4 – Amendment proposed – Subclause (1),
paragraph (b), line 1, delete “First”
(Chairman of the Committee)
ii. Clause 4 – Amendment proposed – Subclause (1),
paragraph (c), delete
(Chairman of the Committee)
iii. Clause 4 – Amendment proposed – Subclause (1),
paragraph (g), line 1, delete “two” and insert “three”
(Chairman of the Committee)
iv. Clause 5 – Amendment proposed – Subclause (1), line 2,
after “only”, add “except the chairperson who shall hold office for one term only”
(Chairman of the Committee)
v. Clause 6 – Amendment proposed – Subclause (4), delete
and insert the following:
“The chairperson shall preside at meetings of the Council and in the absence of the chairperson, the Vice-President of the Institute shall preside and in the absence of both the chairperson and Vice-President of the Institute, a member of the Council elected by the members present from among their number shall preside.”
(Chairman of the Committee)
vi. Clause 13 – Amendment proposed – Paragraph (f), delete
(Chairman of the Committee)
vii. Clause 14 – Amendment proposed – Subclause (9), delete
(Chairman of the Committee)
viii. Clause 14 – Amendment proposed – Subclause (10), delete
(Chairman of the Committee)
ix. Clause 19 – Amendment proposed – Subclause (1), line 2,
at end, add “for registration”
(Chairman of the Committee)
x. Clause 23 – Amendment proposed – Subclause (1),
paragraph (e), line 1, before “Chartered”, delete “the” and insert “a”
(Chairman of the Committee)
xi. Clause 23 – Amendment proposed – Subclause (3), line 2,
delete “for a period and”
(Chairman of the Committee)
xii. Clause 24 – Amendment proposed – Subclause (2),
opening phrase, delete “The register” and insert “Registers”
(Chairman of the Committee)
xiii. Clause 24 – Amendment proposed – Subclause (5), delete
“register” and insert “registers”
(Chairman of the Committee)
xiv. Clause 26 – Amendment proposed – Subclause (3), line 2,
delete “three months” and insert “ninety days”
(Chairman of the Committee)
xv. Clause 36 – Amendment proposed – Subclause (4),
paragraph (b), subparagraph (ii), delete “its principals” and insert “the principals of the firm”
(Chairman of the Committee)
xvi. Clause 43 – Amendment proposed – Headnote, after
“Professional”, insert “indemnity”
(Chairman of the Committee)
xvii. Clause 43 – Amendment proposed – Subclause (1), line 1,
after “professional”, insert “indemnity”
(Chairman of the Committee)
xviii. Clause 43 – Amendment proposed – Subclause (2), line 1,
after “professional”, insert “indemnity”
(Chairman of the Committee)
xix. Clause 56 – Amendment proposed – Subclause (2), line 2,
delete “three months” and insert “ninety days”
(Chairman of the Committee)
xx. Clause 63 – Amendment proposed – Interpretation of
“FCA(Hons)”, delete
(Chairman of the Committee)
xxi. Fourth Schedule – Amendment proposed – Clause 2, subclause
(1), paragraph (b), line 1, delete “Vice Presidents and the four” and insert “Vice-President and the five”
(Chairman of the Committee)
xxii. Fourth Schedule – Amendment proposed – Clause 4, subclause
(4), line 2, delete “Vice Presidents” and insert “Vice-President”
(Chairman of the Committee)
xxiii. Fourth Schedule – Amendment proposed – Clause 5, subclause
(1), delete and insert the following:
“The President shall preside at all meetings of the Institute and in the absence of the President, the Vice-President shall preside.”
(Chairman of the Committee)
xxiv. Fourth Schedule – Amendment proposed – Clause 5, subclause
(2), lines 1 and 2, delete “President, the First Vice-President and the Second Vice-President” and insert “and Vice-President”
(Chairman of the Committee)
xxv. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (a), line 1, delete “First”
(Chairman of the Committee)
xxvi. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (b), delete
(Chairman of the Committee)
xxvii. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (c), delete and insert the following:
“the President and the Vice-President of the Institute shall elect two of its members to hold Office as President and Vice-President for the remainder of the term;”
(Chairman of the Committee)
xxviii. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (d), delete
(Chairman of the Committee)
xxix. Fourth Schedule – Amendment proposed – Clause 10, subclause
(1), paragraph (e), delete
(Chairman of the Committee)
xxx. Fourth Schedule – Amendment proposed – Clause 10, subclause
(2), delete and insert the following:
“A Vice-President who leaves office because of the expiration of the term of office is eligible for election to the position of President.”
(Chairman of the Committee)
14. COMMITTEE SITTINGS
NOTICE OF COMMITTEE SITTINGS
COMMITTEE ON EMPLOYMENT, SOCIAL WELFARE AND STATE ENTERPRISES
Date: Tuesday, 27th October 2020
Time: 11:00 a.m.
Venue: Committee Room 8W (West Wing, 8th Floor, Job 600)
Agenda: To examine the 2018/2019 Financial Statement of Volta Aluminum Company Limited (VALCO).
COMMITTEE ON EMPLOYMENT, SOCIAL WELFARE AND STATE ENTERPRISES
Date: Tuesday, 27th October 2020
Time: 2:00 p.m.
Venue: Committee Room 8W (West Wing, 8th Floor, Job 600)
Agenda: To examine the 2018/2019 Financial Statement of Bulk Oil Storage and Transportation (BOST).
