The minority in Parliament has been successful for the second time in torpedoing government’s attempt to lay a Legislative Instrument (L.I.) to restrict the importation of some 22 products.
Whilst the first attempt some days ago was based on lack of broader consultation among members, the latest stemmed from a lack of quorum and no incorporation of the agreed amendments in the official document.
Following the discussions on the floor, the minority’s contention went beyond the quorum to the powers of the Minister for Trade and Industry under the L.I.
On the floor of the House on Friday, November 24, 2023 the minority raised the issue of quorum through James Agalga, who had the support of the Minority Whip, Ahmed Ibrahim, who argued that but for their vigilance the previous time, the majority would have ambushed them with the L.I.
An order paper addendum captured the laying of the said L.I, titled Export and Import (Restrictions on Importation of Selected Strategic Products) Regulations, 2023 which would need 21 days to mature.
Meanwhile, when the majority leadership gave an indication to the Speaker to allow the Minister for Trade and Industry, Kobina Tahir Hammond, to lay the paper, the minority objected on the grounds they were even more than the majority, but both sides, less than 50, did not form a quorum.
Standing Order 48 requires one-third of the parliamentarians without the person presiding to transact business. It is known that the majority is made up of 137 members, far above the legal threshold of 92, to form the needed quorate to transact business.
Regardless of the provisions in the constitution and the standing orders, a member would have to raise the issue of quorum; if not, it may be assumed the House had the numbers at the time.
CHANCE
The House, by allowing the L.I. to be laid, would have meant it had agreed to its contents, as after that phase, there would be no modifications to it, as would a bill.
Per Article 11(7) of the 1992 Constitution, once “any order, rule, or regulation made by a person or authority under a power conferred by this Constitution or any other law” is laid before Parliament, it is published in the gazette and comes into force at the expiration of twenty-one sitting days.
Otherwise, the minority would need, before the expiration of the 21 days, two-thirds of all MPs to annul it.
RENT-SEEKING
The minority, which appeared ready to block the laying, resorted to another plan, by objecting to what he said were powers the L.I. was giving the sector minister to grant licences for the importation.
The Minority Leader, Cassiel Ato Forson, confirmed to the House that he had engaged the Majority Leader, who proposed “a number of amendments” but the same had not been incorporated in the document presented to the House. He insisted that the amendments must reflect before it is laid.
“We cannot assume that it has been incorporated here. This is a regulation that is going to concentrate excessive executive powers into the hands of one man and a committee. Mr. Speaker, I have a serious concern with it,” he stated.
He cited that Import Licences were not new, as in 1967, Justice Ollenu’s committee identified that that particular Import Licence affected the nation as it became an avenue for rent-seeking. He claimed that it was once abused and 60 years later, it should not be allowed to reoccur.
MONDAY
The Minister for Trade and Industry, KT Hammond, told the House that the issues raised, including possible international trade breaches such as the World Trade Treaties, have been considered.
The Majority Leader told the House that after his engagement with the minority leader and the chairman of the committee, he informed the minster and he agreed to incorporate the amendments.
However, they sought to lay it on Friday to meet the 21-day period before the House rises sine dine.
His argument was that the House, after the Friday sitting, had just about 15 more sitting days before adjourning for the Christmas holidays.
“But given where we are, I would want to plead that we allow the minister to incorporate the amendment into the document and submit same to us on Monday because the issues have all been addressed and we have had extensive discussions on these matters,” he remarked.
THE REGULATION
Under the L.I., there shall be an established Selected Strategic Products Import Permit Committee, with representation from the Food and Drugs Authority, Customs, and the Association of Ghana Industries, among others. Their mandate includes recommending to the minister a matter on imports in this context.
Regulation 17, among others, allows the minister to suspend or cancel an import permit where the minister is satisfied that the import permit holder is not complying with or has not complied with any of the terms or conditions.
Meanwhile, regulation 18 allows a person who is aggrieved by the minister’s refusal to grant an import permit to, within 14 days, apply to the minister for a review and the minister has 14 days to take a decision on the review.
PRODUCTS
The L.I. is seeking to restrict the importation of rice, guts, bladders and stomachs of animals, poultry, animal and vegetable oil, margarine, fruit juices, soft drinks, mineral water, noodles and pasta, ceramic tiles, corrugated paper and paper board.
The rest are mosquito coils and insecticides, soaps and detergents, motor cars, iron and steel, polymers, fish sugar, clothing and apparel, biscuits and canned tomatoes.
