Security and Intelligence Agencies Bill moves to Consideration Stage

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Patrick Boamah-MP for Okaikwei Central

Parliament on Wednesday completed the second reading of the Security and Intelligence Agencies Bill, 2025 after a long debate focused on privacy, executive powers, and parliamentary oversight.

The Bill has now moved to the consideration stage, where members will scrutinise its clauses and proposed amendments in detail.

Purpose and Scope of the Bill

The Minister for the Interior, Mohammed Muntaka, told the House that the Bill was meant to modernise existing security and intelligence laws and align them with the government’s current policy direction.

A key proposal is renaming the National Investigative Bureau (NIB) back to the Bureau of National Intelligence (BNI) to avoid confusion with the National Investment Bank.

The Bill also abolishes the Office of the Minister responsible for National Security, effectively returning some structures to the framework that existed before Act 1030.

Members of the House were also reminded that the Bill was part of the framework for Regional and District Security Councils.

Bernard Ahiafor, First Deputy Speaker

It seeks to specify the state agencies responsible for coordinating and implementing government policies on national security, covering both internal and external security of Ghana, as well as related matters.

Bernard Ahiafor, member for Akatsi South and First Deputy Speaker, who presided over the proceedings emphasised that the main goal was to remove the ministerial office overseeing national security and restructure coordination of intelligence services.

The Parliamentary Select Committee received memoranda from security agencies, civil society organisations and other stakeholders.

Key recommendations included: Clarifying the purpose of the Bill as the explanatory memorandum was initially unclear; Strengthening parliamentary oversight through codified accountability measures; Deleting a clause compelling the President regarding membership of the National Security Council to preserve presidential discretion and Introducing safeguards for data protection and controlled access to intelligence information.

Debate on Privacy and Interception Powers – Clauses 29 to 31, which gives circuit court justices the authority to approve interception of communications, searches and other investigative measures, drew intense discussion.

Patrick Boamah, member for Okaikwei Central warned that the powers, as indicated, the new bill could infringe on citizens’ privacy and stressed that any interception must comply strictly with the constitution.

Other MPs raised additional concerns: Merging internal and external intelligence functions, despite their distinct roles.

Lack of reference to constitutional procedures for appointing the National Security Coordinator potentially bypasses parliamentary vetting.

Oversight appearing largely executive-driven and limiting the role of Parliament’s Security and Intelligence Committee.

Contributing to the debate, Osahen Alexander Kwamena Afenyo‑Markin, the minority leader, reminded his colleagues that citizens’ rights are enshrined in the constitution and cannot be compromised.

“This is non-negotiable within 48 hours, after all of us spoke about it, that these rights are enshrined in the constitution,” Afenyo‑Markin said.

The minority leader recalled historical instances where citizens protested to defend their freedoms.

He stressed that clauses allowing interception and surveillance must include robust safeguards to prevent abuse and maintain public trust, reinforcing concerns about executive overreach and the need for strong parliamentary oversight.

Several MPs questioned whether the Bill is justified simply because of a new government. They argued that security legislation should change only when there is a clear operational or structural need, not merely to reflect policy direction.

They also noted that previous security acts had been in force for decades, warning that frequent changes could undermine institutional stability.

With the Bill now at the consideration stage, Members will go through each clause, including proposed amendments, to ensure that national security measures balance the need for protection with constitutional safeguards, privacy rights, and strong parliamentary oversight.

By Loretta Tyson

 

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