ARRANGEMENT OF ORDERS
Orders Page
Preliminary Provisions
1. Short Title 1
2. No implied restrictions 1
3. Suspension of Standing Orders 1
4. Amendments 1
5. Power to interpret or supplement the Orders 1
6. Interpretation 1
Election and Oath of Speaker and Deputy Speaker
7. Qualification and eligibility of Speaker 7
8. Election of Speaker 7
9. Oaths of Speaker 8
10. Election of Speaker when the Office of Speaker becomes vacant 8
11. Election of Deputy Speakers 8
12. Absence of the Speaker 9
13. Oaths of Members 9
Attendance, Absence of Member and Vacancy of Seat
14. Record of Attendance 9
15. Leave of absence 9
16. Absence without leave 10
17. Resignation from office 10
18. Vacancy other than resignation 10
19. Notification of the Electoral Commission of vacancy in the membership of
Parliament 10
Functions of the Speaker
20. General functions of the Speaker 11
21. Precedence in the House n
Privileges and Immunities
22. Freedom of speech, debates and proceedings 13
23. Immunity from proceedings for acts in Parliament 13
24. Immunity from service of process and arrest 13
25. Matters relating to criminal processes 13
26. Immunity from witness summons 13
27. Immunity from service as Juror 14
28. Immunity for publication of proceedings 14
29. Privileges of witness 14
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Contempt of Parliament or Breach of Parliamentary Privilege
30. General contempt 15
31. Specific acts of contempt of Parliament or breach of parliamentary privilege 15
32. Criminal proceedings 16
33. Complaint of contempt of Parliament or breach of Parliamentary privilege 16
34. Referral of contempt or breach of privilege to Committee of Privileges and
Immunities 16
Punishment for Contempt of Parliament or Breach of Parliamentary Privilege
35. Exclusion of disorderly Member 16
36. Member in contempt of Parliament or in breach of parliamentary privilege 16
37. Officer of Parliament in contempt or breach 17
30. Exclusion of stranger in contempt or breach 17
39. Punishment of stranqer in contempt or breach 17
40. Apology by stranger 17
41. Detention of stranger causing disturbance 17
42. Reprimand of stranger in contempt or breach 18
43. Removal of trespassers 18
44. Criminal prosecution 18
The Clerk to Parliament
45. General functions of the Clerk 19
46. Notice of Session and Meeting 19
47. Agenda, Order Paper, Order Book and Rulings Book 19
48. Votes and Proceedings, and Official Report of Parliamentary Debates 20
49. Custody of records 20
The Marshal
50. Duties of the Marshal 20
Summoning and Dissolution of Parliament
51. Sessions and Meetings of Parliament 21
52. Virtual Sitting of Parliament 21
53. Meeting by request 21
54. Dissolution of Parliament 21
Sittings and Adjournments of the House
55. Commencement and adjournment of sittings 23
56. Interruption of proceedings 23
57. Suspension and adjournment of sitting 23
58. Summoning of Meeting 23
59. Suspension of Meeting 23
60. Close Sitting of the House 24
61. Disclosure of proceedings or decisions of Close Sitting 24
62. The Mace 24
63. Language of proceedings 24
64. Quorum in Parliament 25
Communications to and from the House
65. Communication to the House 26
66. Communication from the House 26
Order of Business
67. Order of business 27
68. Prayers 28
69. National Pledge 28
70. Correction and adoption of Votes and Proceedings, and Official Report 28
71. Business Statement 28
72. Address or Message by the President 28
73. Backbenchers’ Time 28
74. Decision Day 28
75. Priority of Motions 29
76. All other business 29
Question to Ministers, Members and Heads of Independent Constitutional Bodies
77. Question Time in the House 30
78. Question to Member 30
79. Response to Question by Heads of Independent Constitutional Bodies 30
80. Rota of Questions 30
81. Subject-matter of Question 30
82. Notice of Question 31
83. Urgent Question 31
84. Oral Question 31
85. Admissibility of Question 32
86. Conditions of admissibility of Question 32
87. Question Record Book 32
88. Manner of asking and answering Question 33
89. Supplementary Question 33
90. Withdrawal of Question 33
Statements and Ceremonial Speeches
91. Statement by the Speaker and Minister 34
92. Ceremonial speech 34
93. Statement hy Member 34
94. Time for Statements 34
95. Withdrawal of Statement 34
Papers and Petitions
96. Presentation of Papers 35
97. Procedure for presentation of Papers 35
98. Withdrawal of Paper 35
99. Petitions 35
Order, Rule or Regulation
100. Order, Rule or Regulation to be laid and Gazetted 37
Motions and Amendments
101. Notice of Motion 38
102. Procedure for giving notice 38
103. Conditions for admissibility of Motion 38
104. Duration of notice required 39
105. Motion to be seconded 39
106. Withdrawal of Motion 39
107. Procedure for proposing and putting the Question on amendment 39
108. Motion to amend Standing Orders 40
109. MoLiori relaiing to settlement of financial matters 40
110. Half-Hour Motion 40
111. Admissibility of Half-Hour Motion 40
112. Balloting on Half-Hour Motion 41
113. Schedul ing of Half-Hour Motion 41
114. Motion on specific matters of urgent public importance 41
Rules of Debate
115. Time and manner of speaking 43
116. Closure of debate 43
117. Newspaper, periodical, or book not to be read in the House 44
118. Restriction on use of electronic devices 44
119. Reading of speech by Member 44
120. Speaker not to participate in debate 44
121. Audience to a Head of Independent Constitutional Body 44
122. Interruption of debate 44
123. Content of speech
124. Motion that a person be no longer heard
125. Anticipation
Order in the House
126. Chair to be heard in silence
127. Decision of the Speaker on interruption of debate
128. Point of order
129. Disorderly conduct
130. Suspension of Member for disorderly conduct
131. Defamatory statements
132. Suspended Member to withdraw from the House
133. Power of the Speaker to suspend sitting or adjourn the House
134. Power to issue warrant of arrest
Vote of Censure and Removal from Office
135. Vote of Censure and Removal
136. Removal of President
137. Removal of the Speaker or Deputy Speaker
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Voting in the House
139. Voting in Parliament
140. Secret voting
141. Procedure for secret voting
142. Voting for the removal of the President or Vice-President from office
143. Voting for the removal from office of the Speaker or Deputy Speaker
144. Vote of censure of Minister or Deputy Minister
145. Voting for the ratification of treaties
146. Voting in respect of waiver of taxes
147. Voting to approve loan and international business transaction
148. Voting to amend a non-entrenched provision of the Constitution
149. Declaration of personal interest in a contract
150. Unqualified person sitting or voting
Procedure for Voting
151. Voting by Members
152. Procedure for Headcount
153. Procedure for Division
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Bills
156. Explanatory Memorandum on Rills 57
157. Title of Bills and division into clauses 57
158. Subject matter of Bi I Is 57
159. Presentation of Bills and Gazette notification 57
160. Urgent Bills 57
161. Bills affecting chieftaincy 58
162. Bills relating to settlement of financial matters 58
163. First Reading of Bills 58
164. Gazette publication of Urgent Bills 58
165. Referral of Bill to Committee 59
166. Report on Bills 59
167. Second Reading of Bills 59
168. Winnowing 59
169. Consideration Stage of Bills 59
170. Procedure at Consideration Stage of Bills 60
171. Second Consideration of Bills 61
172. Third Reading of Bills 61
1/3. Withdrawal of Bills 61
174. Passing of Bills 61
175. Authentication and certification of Bills 62
176. Presidential assent and consideration by the Council of State 62
177. Bills on financial settlements 63
178. Time limit for consideration of Bills at Committee 63
179. Retroactive legislation 63
Private Member’s Bill and Private Member’s Motion
180. Initiating Private Member’s Bill 64
181. Form for initiating a Private Member’s Bill 64
182. Referral to Parliamentary Draftsperson 64
183. Urgent Private Member’s Bill 65
184. Drafting and submission of the Bill 65
185. Transmission of the Bill 65
186. Consideration by Committee and Gazette publication 65
187. Presentation of Private Member’s Bill 66
188. Consideration of a Private Member’s Bill 66
189. Withdrawal of a Private Member’s Bill 66
190. Limitation on number of Private Member’s Bill 66
191. Arrangement of Private Member’s Bill and Private Member’s Motion 66
192. Private Member’s Motion 6(5
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Financial Procedure
193. President to submit annual budget statement 67
194. Submission of estimates for periods of over one year 67
195. Presentation of annual budget statement 67
196. Annual estimates 67
197. Authorisation of expenditure 68
198. Supplementary Estimates 68
199. Supplementary Appropriation Bill 68
200. Expenditure in Advance of Appropriation 68
201. Debate of the Budget 68
202. Procedure for Supplementary Estimates 68
203. Procedure for Appropriation Bill 69
Committees of Parliament
204. Appointment and composition of Committees 70
205. Committee of Selection 70
206. Standing Committees 70
207. Select Committees 70
208. Compulsory membership of Committees 71
209. Composition of Committees to reflect different shades of opinion 71
210. Selection of Chairpersons of Committees 71
211. Change in membership of Committees 72
212. General powers of Committees 72
Composition and Functions of Committees
213. Mandate of Committees generally 73
214. Annual workplan and budget of Committees 73
215. Report of Committees 73
216. Business Committee 73
217. Appointments Committee 74
218. Committee of Privileges and Immunities 75
219. Standing Orders Committee 75
220. Committee on Subsidiary Legislation 75
221. Report of the Committee on Subsidiary Legislation 76
222. House Committee 76
223. Committee on Petitions 76
224. Committee on Office of Profit 76
225. Committee on Assurances 77
226. Finance Committee 77
227. Withdrawal from the Contingency Fund 77
228. Examination of loan and other agreements and monitoring of foreign exchange
transactions 77
229. Public Accounts Committee 78
230. Committee on Economy and Development 78
231. Committee on Ethics and Standards 79
232. Ways and Means Committee 79
233. Committee on Private Member’s Bill and Private Member’s Motion 80
234. Committee on Human Rights 80
235. Budget Committee 81
236. Committee on Backbenchers” Business 81
237. Committee on Gender, Children and Social Welfare 81
238. Committee on Constitutional and Legal Affairs 82
239. Committee on Food, Agriculture and Cocoa Affairs 82
240. Committee on Lands and Natural Resources 82
241. Committee on Health 82
242. Committee on Works and Housing 82
243. Committee on Local Government and Rural Development 83
244. Committee on Information and Communications 83
245. Committee on Foreign Affairs and Regional Integration 83
246. Committee on Employment, Labour Relations and Pensions 83
247. Committee on Defence and Interior 84
248. Committee on Trade, Industry and Tourism 84
249. Committee on Environment, Science and Technology 84
250. Committee on Education 84
251. Committee on Youth and Sports 84
252. Committee on Energy 85
253. Committee on Roads and Transportation 85
254. Committee on Independent Constitutional Bodies 85
255. Committee on Parliamentary Affairs 85
256. Committee on Judiciary 86
257. Committee on Chieftaincy, Culture and Religious Affairs 86
258. Committee on Security and Intelligence 86
259. Committee on Sanitation and Water Resources 86
260. Committee on Public Administration and State Interests 86
261. Committee of the Whole 87
262. Special or Ad Hoc Committee 87
263. General Functions of Standing and Select Committees 88
Operation of Committees
264. Sub-committees 89
265. Quorum at Committee 89
266. Meetings of Committees 89
267. Scope of deliberation 89
268. General functions of a Chairperson of a Committee 90
269. Clerk to a Committee 90
270. Duties of Clerk to a Committee 90
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271. Admission of a stranger at Committee 91
272. Application of Standing Orders at Committee 91
273. Engagement of Counsel 91
274. Engagement of expert and consultant 91
275. Evidence of witness 91
276. Examination on Oath or Solemn Affirmation 91
277. Expenses of witness before Committee 91
278. Issue and service of summons 92
279. Withdrawal of document before Committee 92
280. Prohibition of publication of evidence prior to reporting by Committee 92
281. Evidence on parliamentary proceedings 92
282. Admission of papers in evidence at Committee 92
283. Preparation of Report of Committee 92
284. Voting at Committee 93
285. Minutes of proceedings to be brought up with report of Committee 93
286. Prohibition of engagement of a Member in a professional capacity 93
Commissioner for Standards and Ethics
287. Appointment of Commissioner 94
Miscellaneous Provisions
288. Admission of stranger in the House 95
289. Security check 95
290. Firearm and other offensive weapon 95
291. Members’ handbag 95
292. Revocation and savings 95
293. Commencement 95
FIRST SCHEDULE FORMS OF OATHS
(1) The Oath of Allegiance (2) The Speaker‘s Oath (3) The Oath of a Member of Parliament
SECOND SCHEDULE Leave of Absence Form
THIRD SCHEDULE Opening Prayers
FOURTH SCHEDULE National Pledge
FIFTH SCHEDULE Rules on Petition
SIXTH SCHEDULE
Warrant of Arrest by Order of the Rt. Hon. Speaker of Parliament
SEVENTH SCHEDULE Form of Authentication Form of Speaker’s Certificate
EIGHTH SCHEDULE Form for Initiating a Private Member’s Bill
NINTH SCHEDULE Oath of a Witness before a Committee
TENTH SCHEDULE Summons
In exercise of the powers conferred on Parliament by article 110(1) of the Constitution these Standing Orders are made this……day of…………….. 2023.
Preliminary Provisions
Short Title
1. These Orders are the rules of procedure ofthe House and shall be referred to as the Standing Orders of the Parliament of Ghana.
No implied restrictions
2. Subject to the provisions of the Constitution and except as otherwise provided in these Orders, nothing in these Orders shall restrict the manner in which Parliament exercises or upholds its powers, privileges and immunities.
Suspension of Standing Orders
3. (1) Subject to the provisions of the Constitution, a Motion for the suspension of an order or apart of an order may be moved without notice with the leave of the House.
(2) Where the Order or a part of the Order is to be suspended, reasons must be stated prior to the suspension by the mover of the Motion.
(3) The Speaker shall suspend the Order pursuant to the leave of the House.
Amendments
4. These Standing Orders may be amended as provided for in Order 108^
Power to interpret or supplement the Orders
5. (1) Subject to the provisions of the Constitution and any other enactment, where there is doubt, these Orders shall be interpreted by Mr. Speaker.
(2) In any case not provided for in these Orders, Mr. Speaker shall decide on a procedural question.
(3) In exercising the power conferred under this Order, Mr. Speaker shall act in accordance with the Constitution.
Interpretation
6. In these Orders, unless the context otherwise requires,
“Ad Hoc Committee” means a committee appointed by the House to consider and report on a particular matter referred to that Committee and which ceases to exist after reporting on the matter;
“Agenda” means a publication of business proposed to be conducted during a Meeting;
“Backbencher” means a Member who has served not more than two Parliamentary terms and is not a Minister of State, part of Leadership of the House or Leadership of a Committee;
“Backbenchers’ Time” means a time set aside for Backbenchers to make Statements,
present Petitions, move Motions or initiate Private Member’s Bills;
“Bar of the House” means the space of the debating Chamber between the Leadership sides of the House or any other place so designated;
“Bill” means a draft of an Act of Parliament;
“Caucus” includes a group of Members belonging to the same political party or parties, region, religion, gender, profession or sharing a common interest with a view to promoting a common cause;
“Chairperson” means a person appointed by the House or the relevant caucus to preside over the business of a Committee of the House or the caucus as the case may be;
“Chamber” means the inner enclosure or perimeter of the House or a place designated as such by the Speaker, for Parliament to meet at plenary and conduct business;
“Clerk” means the person appointed as Clerk to Parliament in accordance with article 124(4) of the Constitution or any other officer authorised by the Speaker to act for the Clerk;
“Close Sitting” means a meeting, exclusively of the Speaker and Members of Parliament, to consider matters relating to national security, public safety and public interest;
“Committee” includes a Committee of the Whole, a Standing Committee, a Select Committee, a Special or an Ad Hoc Committee;
“Committee of the Whole” means a Committee composed of all Members of Parliament;
“Constitution” means the 1992 Constitution of the Republic of Ghana;
“Decision Day” means a day set aside by the Speaker for Members to vote on critical matters and for the presentation of rulings on critical matters by the Speaker;
“Deputy Minister” means a person appointed under article 79(1) or 256(2) of the Constitution to the office of Deputy Minister or Deputy Regional Minister;
“Deputy Speaker” means a Member of Parliament elected in accordance with article 96 of the Constitution;
“Emergency Meeting” means a sitting of the House held pursuant to a recall of
Members after adjournment sine die,
(a) having regard to public interest and the exigencies of the state of affairs in the country, or
(b) to consider a matter of urgent public importance;
“enactment” means an Act of Parliament, a Decree, a Law, a Constitutional
Instrument, or a statutory instrument or any provision of an Act of Parliament, a Decree, a Law or of a constitutional or of a statutory instrument;
‘‘foyer” means a multi-purpose open area within the precincts of Parliament and in close proximity to the Chamber where Members interact with the public or the media;
“functions” includes powers and duties;
“Gallery” means the inner areas of the Chamber designated for the public and the media to observe proceedings;
“Gazette” means the Gazette published by the Government Printer;
“House” means Parliament;
“Independent Constitutional Bodies” include the Electoral Commission, Commission on Human Rights and Administrative Justice, National Commission for Civic Education, National Media Commission, Office of the Administrator of the District Assemblies’ Common Fund, Office of the Auditor-General, Bank of Ghana and other bodies established to have exclusive jurisdiction in the performance of assigned functions;
“Independent Member” means a person who was elected to Parliament not on the ticket of a political party;
“Independent Caucus” means a group of Members of not less than seven (7) Independent Members sharing a common interest with a view to promoting a common cause;
“International Parliamentary Bodies” means supranational legislative bodies established at the global, continental, regional, sub-regional, and multilateral level to promote parliamentary democracy, peace, and sustainable development, such as the Inter-Parliamentary Union, Commonwealth Parliamentary Association, Pan-African Parliament, African Parliamentary Union, and the ECOWAS Parliament;
“Leader of Government Business” means the Leader of the Party or Parties in Parliament which form the Government;
“Leadership” means the Majority Leader, the Minority Leader, the Deputy Majority Leader, the Deputy Minority Leader, the Majority Chief Whip, the Minority Chief Whip, the Deputy Majority Whips, and the Deputy Minority Whips or in the case of Independent Caucus, Members so designated;
“Leave of the House” or any expression of similar import means permission or consent given by the House;
“Lobby” means the covered corridor immediately adjoining the Chamber and contiguous to the Chamber;
“Mace” is the staff which symbolises the authority, powers, and privileges of
Parliament;
“Majority Caucus” means the Members of the Party or Parties that have the largest number of seats in the House;
“Majority Leader” means a Member of Parliament designated by the Majority
Caucus as their Leader in the House;
“Meeting” includes a period during which Parliament is meeting continually within a session, commencing when Parliament first sits after being so summoned at any time and ending when Parliament is adjourned sine die\
“Member” means a Member of Parliament;
“Member presiding” means a Member of Parliament elected in accordance with Order 12(4);
“Minister” means a Minister of State appointed under article 78 or 256(1) of the Constitution;
“Minority Caucus” means the Members of the Party or Parties that have the second largest number of seats in the House;
“Minority Leader” means a Member of Parliament designated by the Minority Caucus as their Leader in the House;
“Motion” means a request made by a Member or a Minister that Parliament or a Committee of Parliament takes an action, order something to be done, or expresses an opinion concerning a matter;
“Mr. Speaker” includes the Speaker, a Deputy Speaker or a Member presiding;
“offensive weapon” means a tool made, adapted or intended for the purpose of inflicting physical injury on a person;
“officer” means the Clerk or any other person acting under the authority of the Speaker, including a security officer on duty within the precincts of Parliament but not a person suspended from duty by Parliament or under any enactment;
“official publication” includes any publication produced by or under the authority or with the sanction of any
(a) arm of government,
(b) other state institution,
(c) organisation,
(d) agency,
(e) association,
(f) society, and
(g) club;
“One day notice” means a notice given on any sitting day for a Motion or enquiry to be made on the next sitting day;
“Orders” means the Standing Orders of Parliament;
“Ordered by the House” or any expression of similar import means directive or instruction by Parliament for an action to be taken;
“Order Paper” means the daily publication that lists the business of Parliament for a sitting;
“Paper” means a document other than a Bill, Constitutional or statutory instrument or a Petition presented to Parliament;
“Parliament” means the Parliament of Ghana established under article 93(1) of the Constitution;
“Parliamentary Friendship Association” includes any association established between Parliament and other Parliaments or legislative bodies to promote parliamentary diplomacy;
“Parliamentary Question” means an enquiry filed by a Member to be asked of a Minister, a Member or the head of an independent constitutional body relating to a matter of public interest to which the Minister, the Member or the head of the independent constitutional body is officially connected or proceedings pending in Parliament or any other matter for which the Minister, the Member or the head of the independent constitutional body is responsible;
“Petition” means a written prayer or plea from any person presented to Parliament for redress or action in respect of any public, private, national, local matter or any grievance;
“precincts of Parliament” includes the Chamber, offices, the lobbies, the galleries, foyer and the grounds of Parliament House and such other public places as the Speaker may designate for the conduct of parliamentary business;
“Question,” except Parliamentaiy Question and a question of privilege, means a proposal presented to the House or a Committee by the Speaker, Chairperson of a Committee or the Clerk for consideration and decision;
“Question Time” means a period during a Sitting when a Member asks a Question of a Minister of State, a Member, a head of an independent constitutional body, relating to a matter of public interest to which that person is officially connected or proceedings pending in Parliament or any other matter for which the Minister, the Member or the head of an independent constitutional body is responsible;
“Ranking Member” means the leader of the Party or Parties serving on the Committee other than the Member chairing the Committee;
“Recess” means a break within a Parliamentary session during which Parliament does not meet to conduct business at plenary;
“Resolution” means a decision of the House;
“Select Committee” means a Committee appointed under article 103 of the Constitution which is charged with the function of investigating and enquiring into activities and administration of Ministries, Departments and Agencies of Government, Parliament, the Judiciary subject to article 127 of the Constitution, Independent Constitutional Bodies, other relevant professional bodies provided for under article 109 of the Constitution and any other bodies that Parliament may determine;
“Session” means a series of meetings of Parliament within a period of twelve months;
“Sitting” includes a period during which Parliament is sitting continuously without adjournment and a period during which Parliament is sitting as a Committee of the Whole;
“Sponsor” means a Minister, Member or Chairperson of Committee that introduces a Bill in Parliament;
“Standards” means the set of criteria, rules and principles determined by the House including provisions in the Code of Conduct for Members;
“Standing Committee” means a Committee other than a Select Committee appointed at the beginning of each Parliament and assigned functions relating generally to the internal workings of Parliament as specified in these Orders;
“stranger” includes a person other than the President, Vice-President, the Speaker, the Chief Justice, a Minister, a Deputy Minister, Head of an Independent Constitutional Body or any other person permitted by the Speaker to enter the Chamber, who is not a Member or an officer of Parliament;
“substantive Motion” means a Motion of which notice is duly given and which does not relate to a proceeding or order of the day already before the House;
“The Speaker” means the person elected in accordance with article 95(1) of the Constitution as Speaker of Parliament;
“the Table” means the Clerk’s Table in the Chamber;
“Votes and Proceedings” means the daily publication of the minutes of a sitting of
Parliament comprising the record of the attendance of Members and any decisions of
Parliament for each sitting day; and
“Winnowing” means the process of examining proposed amendments to clauses in a Bill under consideration to ensure harmony and expeditious consideration.
Election and Oath of Speaker and Deputy Speaker
Qualification and eligibility of Speaker (cf. article 95 (1) of the Constitution)
7. (1) There shall be a Speaker of Parliament who shall be elected by the Members of Parliament from among persons who are Members of Parliament or who are qualified to be elected as Members of Parliament under the Constitution.
(2) A person shall not be proposed for election as Speaker unless the person has
given a written consent to the Clerk to be nominated as Speaker.
Election of Speaker (cf. article 95 of the Constitution)
8. (1) Whenever Parliament first meets after dissolution of Parliament, Parliament shall proceed to elect the Speaker as soon as a quorum is present and before Members are sworn in.
(2) Prior to the election, the Clerk shall preside over proceedings of the House for the purpose of electing a Speaker.
(3) The Clerk, as the presiding officer, shall conduct a roll-call of the Members of Parliament-elect.
(4) A Member-elect, addressing the Clerk shall propose the person to the House as the Speaker of Parliament and shall move that the person “do take the Chair of this House as Speaker, ” which Motion shall be seconded without debate or remarks.
(5) Where only one person is proposed, the person shall be declared elected and conducted to the Chair without any Question being put.
(6) Where more than one person is proposed, a Motion shall be moved and seconded without debate or remarks in respect of each person and the House shall proceed to electa Speaker by secret ballot in accordance with the provisions of article 104(4) of the Constitution and Orders 140 and 141.
(7) The Clerk shall announce the commencement of voting on receipt of nominations, and unless a Member-elect rises to speak, no new nomination shall be taken.
(8) Voting may be by electronic means.
(9) In the event of failure of the electronic means, voting shall be by manual ballot.
(10) A Member-elect shall vote for only one person who has been duly nominated and seconded.
(11) Where two or more persons are proposed and seconded for the office of Speaker, the person who receives the highest number of votes shall be declared elected as Speaker.
(12) Where at any voting between two candidates the votes are equal, another ballot shall be held.
(13) If no candidate receives amajorityof the votes, the name of the candidate who received the least number of votes shall be excluded and the election process shall be continued in accordance with the procedure specified in this Order until one candidate obtains a majorityof the votes.
(14) Where there is equality of votes among candidates who received the least number of votes and one of them has to be excluded from the election, there shall be a vote to
determine which of the candidates shall be excluded.
(15; Where after three consecutive elections, two candidates obtain the same number of votes, the candidates shall be withdrawn and replaced with new nominations.
(16) The Clerk shall declare the results at the close of the voting.
Oaths of Speaker (cf. article 95(4) of the Constitution)
9. (1) As soon as possible after the election, the Speaker-elect shall be conducted to the House and shall immediately take and subscribe to the Oath of Allegiance and the Speaker’s Oath as set out in the First Schedule to these Orders.
(2) The Oaths shall be administered by the Chief Justice.
(3) The Speaker-elect may make a solemn affirmation as set out in the First Schedule to these Orders, instead of taking the Oath.
Election of Speaker when the Office of Speaker becomes vacant (cf. article 95 (2) of the Constitution)
10. (1) Where it becomes necessary to elect a Speaker because the office of Speaker has become vacant under article 95(2) of the Constitution, the Chair shall be taken by the First Deputy Speaker, and in the absence of the latter, by the Second Deputy Speaker and where both officers are absent, the House shall by Motion elect a Member to preside over the election of the Speaker.
(2) Where it becomes necessary to elect a Speaker because of a notice by the Speaker to vacate office, the Speaker shall preside over the election of a new Speaker.
(3) Where the Office of the Speaker becomes vacant, and the First and Second Deputy Speakers are absent, the Clerk shall
(a) summon the House for the purpose of election of a new Speaker; and
(b) chair the Sitting for the election of a Member to preside over the election of a new Speaker.
(4) Where the office of the Speaker becomes vacant and the First and Second Deputy Speakers are candidates for election as Speaker, the Clerk shall chair the Sitting for the election of a Member to preside.
(5) The Speaker-elect shall take and subscribe to the Oath of Allegiance and the Speaker’s Oath as provided under the First Schedule and take the Chair as Speaker.
Election of Deputy Speakers (cf. article 96 of the Constitution)
11.(1) There shall be two Deputy Speakers of Parliament
(a) who shall be elected by the members of Parliament from among their number; and
(b) both of whom shall not be members of the same political party.
(2) The members of Parliament shall elect a person to the office of Deputy Speaker when Parliament first meets after a dissolution of Parliament and if the office becomes vacant other than by reason of a dissolution of Parliament, at the first sitting of Parliament after the office becomes vacant.
(3) The rules prescribed for the election of Speaker shall apply in the election of Deputy Speakers except that, the Speaker shall preside over that election.
Absence of the Speaker
12. (1) Either of the Deputy Speakers shall take the Chair whenever requested by the Speaker during a sitting of the House without any formal communication to the House.
(2) Whenever the Speaker is absent from Ghana or is for any other reason unable to perform the functions of the office of the Speaker, the Clerk shall inform the House and the first Deputy Speaker shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the House until the Speaker resumes the Chair.
(3) Whenever the Speaker and the First Deputy Speaker are absent from Ghana or are for any other reason unable to perform the functions of the office of the Speaker, the Clerk shall inform the House, and the Second Deputy Speaker shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the House until the Speaker resumes the Chair.
(4) Whenever the Speaker, the First Deputy Speaker and the Second Deputy Speaker are unavoidably absent, the Clerk shall chair the Sitting for the election of a Member to preside at that Sitting of the House as ‘the Member Presiding’.
Oaths of Members (cf. article 100 of the Constitution)
13. (1) A Member shall take and subscribe before the Speaker, and in the presence of the other Members of Parliament, the Oath of Allegiance and the Oath of a Member of Parliament as set out in the First Schedule to these Orders, before taking the seat of the Member in Parliament.
(2) The Oath of Allegiance and the Oath of a Member of Parliament shall be as set out in the First Schedule to these Orders.
(3) A Member may instead of taking the Oaths, make a solemn affirmation in the form presented in the First Schedule to these Orders.
(4) A Member may take part in the election of the Speaker before taking the Oaths or making a solemn affirmation referred to in rules (1) and (3) of this Order.
Attendance, Absence of Member and Vacancy of Seat
Record of Attendance
14. (1) At the beginning of each Sitting and after Prayers, the Speaker may cause to be conducted, a roll call of Members of Parliament.
(2) A Member shall attend a Sitting of the House and sign a Record of Attendance in the Chamber that shall be manual or electronic.
(3) The response to the roll call or a signed Record of Attendance shall be evidence of attendance of a Member in the Chamber.
Leave of Absence
15. (1) A Member shall attend sittings of the House unless the Speaker grants leave of absence to the Member in writing.
(2) A Member seeking to be absent shall complete a Leave of Absence Form as specified in the Second Schedule.
(3) The Leave of Absence Form may be obtained from the Office of the Clerk, the
Table Office or the Office of the Chief Whip of the Caucus of the Member.
(4) A Member shall submit the completed Leave of Absence Form to the Chief Whip of the Caucus of the Member not later than seventy-two hours prior to the intended date of absence.
(5) The Chief Whip uf the caucus of that Member shall, not later than twenty four hours after receipt, transmit the completed Leave of Absence form with recommendation to the Speaker for consideration.
(6) The Speaker may, within twenty-four hours of receipt, grant leave of absence to a Member who shows sufficient cause.
(7) The Office of the Speaker shall within twenty four hours after the decision of the Speaker, transmit the decision to the Member through the Office of the Clerk.
(8) The decision of the Speaker shall be recorded in the Votes and Proceedings.
Absence without leave (cf. article 97 (1) (c) of the Constitution)
16. (1) A Member shall not be absent for fifteen sittings in a Meeting during any period that Parliament has been summoned to meet and continues to meet, without a written permission of the Speaker.
(2) Where a Member infringes this Order, the Speaker shall refer the conduct of the Member to the Committee of Privileges and Immunities.
(3) Where the Member is unable to offer reasonable explanation to the Committee of Privileges and Immunities, the Committee shall inform the House and the House shall decide on whether the Member shall vacate the seat.
Resignation from office (cf. article 97 (1) (f) of the Constitution)
17. (1) A Member may resign from office and shall vacate the seat.
(2) The resignation shall be in writing signed by the Member, addressed to the Speaker.
(3) The Speaker shall, as soon as practicable, inform the House of the resignation of that Member.
Vacancy other than resignation (cf. article 97 (1) (b) to (e), (g) and (h) of the Constitution)
18. The Speaker shall inform the House of the occurrence of a vacancy of the seat of a Member under clause (1) (b) to (e), (g) and (h) of article 97 of the Constitution.
Notification oftheElectoral Commission ofvacancy in the membership of Parliament (cf. article 112 (5) of the Constitution)
19. The Clerk shall notify the Electoral Commission in writing, within seven days after becoming aware of the occurrence of the vacancy, under Order 17 or 18 and the Commission shall take steps to fill the vacancy in accordance with article 112(5) of the Constitution.
Functions of the Speaker
General functions of the Speaker
20. (1) The Speaker is the head of the institution of Parliament and presides over the sittings of Parliament.
(2) The Speaker shall certify by signature financial Bills passed by Parliament for assent by the President.
(3) The Speaker is
(a) the official spokesperson of Parliament;
(b) the principal liaison between Parliament, the Executive, Judiciary, Council of State, and the National House of Chiefs; and
(c) the president of the local chapter of every international parliamentary association of which the Republic of Ghana is a member.
(2) The Speaker shall
(a) uphold the honour, dignity, and sanctity of the House;
(b) promote consensus on matters under consideration in the House;
(c) be impartial, fair and firm in every matter in the performance of functions of the Speaker in these Orders;
(d) protect and preserve the rights of Members;
(e) ensure the provision of reasonable facilities to Members of Parliament; and
(f) perform the ceremonial opening of Parliament at the commencement of a Session of the House and give the valedictory address at the final Sitting of the House before the dissolution of the House.
Precedence in the House
21. The Speaker shall take precedence over the principal office holders in Parliament and in descending order,
(a) the First Deputy Speaker,
(b) the Second Deputy Speaker,
(c) the Majority Leader,
(d) the Minority Leader,
(e) the Deputy Majority Leader,
(f) the Deputy Minority Leader,
(g) the Majority Chief Whip,
(h) the Minority Chief Whip,
(i) the First Deputy Majority Whip,
(j) the First Deputy Minority Whip,
(k) the Second Deputy Majority Whip,
(l) the Second Deputy Minority Whip,
(m) Committee Chairpersons, and
(n) Ranking Members,
shall take precedence over all other Members of Parliament.
Privileges and Immunities
Freedom of speech, debates and proceedings (cf. article 115 of the Constitution)
22. There shall be freedom of speech, debate and proceedings in Parliament and that freedom shall not be impeached or questioned in any court or place out of Parliament.
Immunity from proceedings for acts in Parliament (cf. article 116 (1) of the Constitution)
23. Civil or criminal proceedings shall not be instituted against a Member of Parliament in any court or place out of Parliament for any matter or thing brought by the Member into or before Parliament by Petition, Bill, Motion, Statement, Parliamentary Question or otherwise.
Immunity from service of process and arrest (cf. article 117 of the Constitution)
24. (1) A civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to the Speaker or a Member of or the Clerk to Parliament while the Speaker, Member or the Clerk is on the way to, attending at or returning from, any proceedings of Parliament.
(2) A civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to the Speaker ora Member ofor the Clerk to Parliament within the precincts of Parliament.
(3) Where the House is on recess and a Member, the Clerk or officer is not on the way to, or attending at a proceeding of Parliament, the Member, the Clerk or officer may be served a process from a court or a place out of Parliament through the Speaker.
(4) Where a Member, the Clerk or officer is served while on the way to, or attending to a proceeding of Parliament, the Member, the Clerk or officer may notify the Speaker of the service, and the Speaker, after ascertaining that the Member, the Clerk or officer is on the way to, or attending to a proceeding of Parliament, cause the process to be returned to the Registrar of the court in accordance with article 117 of the Constitution.
Matters relating to criminal processes
25. (1) Subject to Order 24, where a Member of, the Clerk to, or officer of Parliament is restricted, detained or arrested, the person responsible for the restriction, detention or arrest shall, within six hours of the restriction, detention or arrest, inform the Speaker of the restriction, detention or arrest.
(2) After ascertaining that the Member, the Clerk or officer of Parliament, is on the way to, or attending at Parliament, the Speaker may direct the Marshal to place the Mace before the person to demand the release on bail of the Member, the Clerk or officer of Parliament except on charges of murder, treason, drugs or any other offence where bail is not granted.
(3) Where a Member of, or the Clerk to, or an officer, of Parliament is convicted by a court of competent jurisdiction, the Registrar of the court shall, within twelve hours after the conviction, inform the Speaker of the conviction.
(4) On receipt of the information, the Speaker shall take an interim action, as the Speaker considers necessary.
(5) Failure of the Registrar to inform the Speaker constitutes contempt of Parliament.
Immunity from witness summons [cf. article 118 (1) and (2) of the Constitution]
26. (1) Neither the Speaker nor a Member of, nor the Clerk to, Parliament shall be compelled, while attending Parliament to appear as a witness in any court or place out of Parliament.
(2) The certificate of the Speaker that a Member or the Clerk is attending the proceedings
of Parliament, is conclusive evidence of attendance at Parliament.
(3) In the case of the Speaker, the Clerk to Parliament shall certify that the Speaker is in attendance at Parliament.
Immunity from service as Juror (cf. article 119 of the Constitution)
27. Neither the Speaker, nor a Member of, nor the Clerk to, Parliament shall be required to serve on a jury in any court or place out of Parliament.
Immunity for publication of proceedings (cf. article 120 of the Constitution)
28. Subject to the Constitution, a person shall not be under any civil or criminal liability in respect of the publication of
(a) the text or summary of a report, paper, minutes, Order Paper, Votes and Proceedings, and the Official Report of Parliament; or
(b) a contemporaneous report of the proceedings of Parliament,
unless it is shown that the publication was done maliciously or otherwise in bad faith.
Privileges of witness (cf. article 121 of the Constitution)
29. (1) A person summoned to attend to give evidence or to produce a paper, book, record or other document before Parliament shall be entitled, in respect of the evidence of that person, or the production of the document, as the case may be, to the same privileges as if that person were appearing before a court.
(2) A public officer shall not be required to produce before Parliament a document, where
(a) the Speaker certifies that
(i) the document belongs to a class of documents, the production of which is injurious to the public interest; or
(ii) disclosure of the contents of the document will be injurious to the public interest; or
(b) the National Security Council certifies that
(i) the document belongs to a class of documents, the production of which is prejudicial to the security of the State; or
(ii) disclosure of the contents of the document will be prejudicial to the security of the State.
(3) Where there is a doubt as to the nature of a document, the Speaker or the National Security Council shall refer the matter to the Supreme Court for determination whether the production, or the disclosure of the content, of the document would be injurious to the public interest or prejudicial to the security of the State.
(4) An answer by a person to a question put by Parliament shall not be admissible in evidence against the person in any civil or criminal proceedings out of Parliament, except proceedings for peijury brought under criminal law.
Contempt of Parliament or Breach of Parliamentary Privilege
General contempt (cf. article 122)
30. An act or omission which
(a) obstructs or impedes Parliament in the performance of the functions of Parliament;
(b) obstructs or impedes the Speaker, a Member or an officer of Parliament in the discharge of the duty of the Speaker, the Member or the officer;
(c) affronts the dignity of Parliament; or
(d) tends either directly or indirectly to produce a result referred to in paragraph
(a), (b) or (c)
is contempt of Parliament.
Specific acts of contempt of Parliament or breach of parliamentary
privilege
31. Any of the following acts or conduct constitutes contempt of Parliament or breach of parliamentary privilege:
(a) disorder on the part of a stranger such as riotous or disorderly action to hinder or promote the passing of a Bill or other legislative measure or Motion or any other matter pending before the House or a Committee of Parliament;
(b) insulting behaviour on the part of a witness who appears before the House or a Committee of Parliament;
(c) flagrant or persistent disobedience of the general rules or Orders of the House including a Committee of Parliament intended to prevent, delay, obstruct or interfere with the execution of the Orders of the House or a Committee of Parliament;
(d) presenting to Parliament or a Committee of Parliament frivolous, false, scandalous, groundless or fabricated documents or similar allegations in a petition;
(e) any act or conduct calculated or intended to deceive Parliament or a Committee of Parliament;
(f) submission of false, perverted, misleading, distorted, fabricated or scandalous statements in Parliament or before a Committee of Parliament;
(g) misconduct, fraud, dishonesty or moral turpitude in the execution of official duties by a Member, the Clerk or an officer of Parliament;
(h) publication of false, perverted, misleading, distorted, fabricated or scandalous reports, books or libels that reflect on the proceedings of Parliament;
(i) causing or effecting the arrest of the Speaker, a Member, the Clerk or an officer of Parliament during the proceedings of Parliament or in the course of the official duties of that person;
(j) molestation or intimidation of the Speaker, a Member, the Clerk or an officer of Parliament in connection with the performance of their duties in or out of Parliament;
(k) using improper or corrupt means to influence the Speaker, a Member, or an officer of Parliament in the performance of the functions of that person;
(l) obstructing, intimidating or preventing a person summoned to attend Parliament as a witness from attending;
(m) molestation of a witness in relation to the testimony of the witness in Parliament;
(n) failure of the Registrar of a court or police officer-in-charge to comply with
Order 25 of these Orders; and
(o) any act or omission which affronts the dignity or authority of Parliament or which tends either directly, or indirectly to bring the name of Parliament into disrepute.
Criminal proceedings (cf. article 123 of the Constitution)
32. Where an act or omission which constitutes contempt of Parliament or breach of Parliamentary privilege is an offence under criminal law, the exercise by Parliament of the power to punish for contempt shall not be abar to the institution of proceedings under criminal law.
Complaint of contempt of Parliament or breach of Parliamentary privilege
33. (1) A Member may bring to the notice of the House any complaint of contempt of Parliament or breach of Parliamentary privilege, at the time appointed for Complaints of Contempt of Parliament or breach of Parliamentary privilege, if the Member has previously notified the Speaker.
(2) In urgent circumstances, a Member may, by leave of the Speaker, at a time other than the time appointed for Complaint of Contempt of Parliament or Breach of Parliamentary Privilege, raise a matter of contempt or breach.
Referral of contempt or breach of privilege to Committee of Privileges and Immunities
34. (1) The Speaker may direct that a complaint made of a contempt of Parliament or breach of parliamentary privilege be referred to the Committee of Privileges and Immunities.
(2) Despite anything contained in these Orders, the Speaker may refer any matter of privilege to the Committee of Privileges and Immunities for examination, investigation and report.
Punishment for Contempt of Parliament or Breach of Parliamentary Privilege
Exclusion of disorderly Member
35. Where in the opinion of the person presiding over the House or a Committee, the conduct of a Member is grossly disorderly, the person presiding may order the Member to withdraw from the precincts of Parliament and that Member shall immediately leave the precincts and shall not enter the precincts again during the remainder of the day’s sitting.
Member in contempt of Parliament or in breach of parliamentary privilege
36. (1) Where the Committee of Privileges and Immunities determines that an act or conduct of a Member constitutes contempt or a breach of privilege, Parliament may
(a) reprimand the Member in the Member’s seat; or
(b) by resolution
(i) suspend the Member from the service of Parliament for a period not exceeding nine months whether or not that period extend beyond the end of the Session; or
(ii) expel the Member from Parliament.
(2) Where a Member is suspended from the service of Parliament, the Member
(a) shall immediately, leave the precincts of Parliament and shall not enter the precincts again while the suspension continues;
(b) shall forfeit the allowances to which the Member would otherwise be entitled
as a Member in respect of the period of suspension; and
(c) if entitled to a salary or allowance as a Minister, Deputy Minister or as Deputy Speaker, shall have deducted from the salary or allowance an amount equal to the amount which would be forfeited by the Member in respect of the period of suspension.
(3) Where the decision is to expel a Member, a resolution for the expulsion of the Member shall be of no effect unless
(a) at least seven days’ notice of the Motion is given in the manner required under these Orders for the provision of notice of Motion, and
(b) is supported by the votes of two-thirds of the Members of Parliament.
Officer of Parliament in contempt or breach
37. (1) Where Parliament finds an officer guilty of contempt of Parliament or breach of Parliamentary privilege, Parliament may order that
(a) the finding be reported to the Chairman of the Parliamentary Service Board for disciplinary proceedings against the officer, and
(b) the officer be interdicted in accordance with the Regulations of the Parliamentary Service pending the determination of the disciplinary proceedings.
(2) A person interdicted under paragraph (b) shall not enter the precincts of Parliament while the interdiction is in force.
Exclusion of stranger in contempt or breach
38. Where Parliament determines that a stranger is guilty of contempt of Parliament or in breach of parliamentary privilege, Parliament may order the stranger not to enter the precincts of Parliament for a period not exceeding nine months whether or not that period extends beyond the end of the Session.
Punishment of stranger in contempt or breach
39. (1) A stranger who is guilty of contempt of Parliament or in breach of parliamentary privilege is liable to a fine not exceeding two hundred and fifty penalty units or a term of imprisonment not exceeding one year or to both.
(2) Where a person is committed to a term of imprisonment under rule (1), the Speaker shall direct the Marshal to notify the Director-General of the Ghana Prisons Service to give effect to the decision of the House.
Apology by stranger
40. Parliament may order a stranger to render an apology where Parliament determines that an act or conduct of a stranger constitutes contempt or a breach of privilege, and the terms shall be approved and published in a medium determined by Parliament.
Detention of stranger causing disturbance
41. (1) An officer may arrest without a warrant or an order
(a) a stranger who, in the presence of the officer, commits contempt in relation to interference with proceedings or disobedience by the stranger as specified in these Orders, or
(b) a stranger within the precincts of Parliament whom the officer reasonably suspects to have committed contempt.
(2) As soon as is reasonably practicable after the arrest of the person, the Speaker shall be informed of the arrest and the Speaker may order that the person arrested be detained in the custody of an officer for a period not beyond the end of the day’s sitting or
be otherwise dealt with in accordance with any other enactment.
Reprimand of stranger in contempt or breach
42. Where Parliament determines that a stranger is guilty of contempt of Parliament or breach of privilege, Parliament may order the stranger to appear at the bar of the House at a time specified in the order to be reprimanded by the Speaker.
Removal of trespassers
43. An officer may use reasonable force to remove a person who is within the precincts of Parliament in contravention of these Orders.
Criminal prosecution
44. (1) Proceedings taken in respect of an act under one or more of these Orders, shall not affect the liability of a person to prosecution and punishment in respect of that act under any other enactment.
(2) Subject to article 88 of the Constitution, Parliament may request the Attorney-General to prosecute a person suspected to have committed contempt of Parliament or breach of privilege which constitutes an offence under any other enactment.
(3) Where the punishment of a Member results in a vacancy in the seat of the Member under article 97(l)(e) of the Constitution, the Speaker shall inform the House of the occurrence of the vacancy in accordance with Order 18.
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The Clerk to Parliament
General functions of the Clerk
45. (1) The Clerk to Parliament is the principal adviser to the Speaker and Members on any matter of practice, procedure and privilege.
(2) The Clerk to Parliament
(a) is the head of the Parliamentary Service;
(b) is responsible for keeping and maintaining the records and other documents in the possession of the House;
(c) shall authenticate by signature, Bills passed by Parliament for assent by the President;
(d) shall authenticate by signature, the decisions of the House;
(e) is responsible for the organisation of ceremonial functions of the House; and
(f) is the Returning Officer of the House, in a Division or Secret Vote.
(2) The Clerk shall, before the commencement of the First Session of Parliament, by Constitutional Instrument, have published in the Gazette, electronic and print media, the date, time, mode and place where the First Sitting shall be held.
(3) At the First Sitting of the First Meeting of the First Session of Parliament, the Clerk shall
fa) read the prayers of Parliament
(ib) read to the House, the Proclamation summoning Parliament;
(c) table the Writ of Elections after the general elections;
(d) preside over the Sitting for the election of the Speaker;
(e) be the Returning Officer for the election of the Speaker; and
(f) conduct the elected Speaker into the Chamber to be sworn in by the Chief Justice.
Notice of Session and Meeting
46. (1) The Clerk, under the authority of the Speaker, shall send to each Member a written notice directing attention to the Constitutional Instrument summoning Parliament before the beginning of a Session.
(2) The Clerk shall give written notice of the Meeting to each Member, not later than fourteen days before the commencement of a Meeting.
(3) A copy of the Constitutional Instrument made by the Speaker under Order 51(1) and the Notice of Commencement issued by the Clerk under this Order shall be transmitted by the Clerk to each Member by e-mail, text message, or any other electronic means.
(4) Where Parliament is adjourned to a specified date which is less than fourteen days before reconvening, notice of the Meeting is not required, except where Parliament cannot reconvene on the specified date.
(5) Where during a period of adjournment an emergency arises requiring Parliament to meet, the period of notice required under (2) shall not apply.
Agenda, Order Paper, Order Book and Rulings Book
47. (1) The Clerk shall send to each Member a copy of an Agenda for each Meeting, fourteen days before the Meeting, and may, whenever the circumstances require, circulate a Supplementary Agenda.
(2) The Agenda shall set out in detail, the business to be attended to, in the course of the Meeting.
(3) In the case of an Emergency Meeting of the House, the Clerk shall, where possible,
furnish Members with an Agenda for the Meeting.
(4) Before the commencement of a Sitting, the Clerk shall send to each Member the Order Paper stating the business of the day, and a Provisional Order Paper which may be altered for the next scheduled sitting.
(5) The Clerk shall keep the Order Book in which the Clerk enters and numbers in succession every matter intended for discussion at each Meeting.
(6) The Clerk shall keep the Rulings Book in which is recorded and numbered in succession, the rulings of the Speaker in cases not provided for.
Votes and Proceedings, Official Report of Parliamentary Debates
48. (1) The Clerk shall prepare and keep the Votes and Proceedings.
(2) Before the commencement of a sitting, the Clerk shall send to each Member a copy of the Votes and Proceedings of the previous sitting.
(3) An official report, entitled Parliamentary Debates otherwise referred to as “Hansard”, which contains the debates of each sitting of the House shall be
(a) as nearly as possible, verbatim,
(b) prepared under the authority of the Speaker; and
(c) published in a form the Speaker may direct.
(4) A copy of the Parliamentary Debates shall be sent to each Member as soon as practicable after the conclusion of each sitting.
(5) The House shall correct and adopt the Votes and Proceedings and the Official Report of a previous sitting as the true record of proceedings.
(6) The Votes and Proceedings shall be in print and is a journal of the House.
Custody of records
49. The Clerk shall have custody of each record and other documents in the possession of the House or presented to Parliament and the records and documents shall be open to inspection by Members under arrangements for the purpose as directed by the Speaker.
The Marshal
Duties of the Marshal
50. (1) There shall be an officer of Parliament called the Marshal.
(2) The Marshal shall
(a) bear the Mace before the Speaker in a procession into the Chamber and recession after adjournment;
(b) attend upon the Speaker in the House;
(c) carry out the directives ofthe Speaker for the maintenance of order in the House,
(d) carry out the directives of the Speaker and the Clerk for the maintenance of order within the precincts of Parliament;
(e) ensure the safety and security of
(i) Members and officers of the House; and fii) property and precincts of Parliament; and (J) perform any other function that may be assigned by the Speaker and the Clerk.
Summoning and Dissolution of Parliament
Sessions and Meetings of Parliament (cf article 112 of Constitution)
51. (1) The Speaker may, by Constitutional Instrument, appoint a Session of Parliament to be held at a place and time within Ghana.
(2) A Session of Parliament shall be held at least once a year, so that the period between the last sitting of Parliament in one Session and the first sitting of Parliament in the next Session does not amount to twelve months.
(3) The Speaker may adjourn Parliament for any such period during a Session.
(4) A Session of Parliament shall comprise not fewer than three Meetings.
Virtual Sitting of Parliament
52. (1) The House may adopt a procedure for a virtual sitting, in extraordinary circumstances, such as the event of instability, chaos, pandemic, or any disaster that makes it impracticable for every Member to be physically present in the Chamber.
(2) Subject to article 112 of the Constitution and for the purposes of a virtual sitting, the location of Members may constitute the place appointed by the Speaker for sitting at plenary.
(3) The Speaker may regulate the procedure for the conduct of business at a virtual sitting in consultation with Leadership.
(4) The choice of a virtual platform shall enable Members participate remotely while ensuring continuous engagement and the fulfilment of the mandate of Parliament.
(5) A virtual sitting of Parliament shall be held through a technology medium that has audio-visual capacity to accommodate a large number of participants and provides the best opportunity for the participation of Members.
(6) The medium shall allow Members the right to vote via devices provided by Parliament.
(7) The medium shall contain security protocols that prevent the manipulation of the transmission of the sitting’s content and interference in the voting process.
(8) A Member joining virtually shall be visible during the entire virtual sitting and particularly during voting.
(9) A Member joining virtually shall be deemed to be present at the sitting for the determination of quorum when the Member signs unto the platform to participate in the sitting.
Meeting by request (cf article 112 (3) of the Constitution)
53. (1) Despite any other provision, fifteen per cent of Members ofParliament may request
a meeting ofParliament and the Speaker shall, within seven days after the receipt of
the request, summon Parliament.
(2) Parliament shall convene within seven days after the issuance of the notice of
summons.
Dissolution of Parliament (cf. article 113 of the Constitution)
54. (1) Subject to clause (2) of article 113 of the Constitution, Parliament shall continue for
four years from the date of its first sitting and shall stand dissolved.
(2) At any time when Ghana is actually engaged in war, Parliament may, from time to time by resolution supported by the votes of not less than two-thirds of the Members of
Parliament, extend the period of four years specified in clause (1) of article 113 of the Constitution for not more than twelve months at a time except that the life of Parliament shall not be extended under that clause for more than four years.
(3) Where the President is satisfied, after a dissolution of Parliament but before the holding of a general election that, owing to the existence of a state of war or of a state of public emergency in Ghana or any part of Ghana, it is necessary to recall Parliament, the President shall cause to be summoned the Parliament that has been dissolved to meet.
(4) Unless the life of Parliament is extended under the provisions of clause (2) of article 113 of the Constitution, the general election of Members of Parliament shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the general election.
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Sitting and Adjournment of the House
Commencement and adjournment of Sitting
55. (1) A Sitting of the House is duly constituted when it is presided over by the Speaker, a Deputy Speaker or a Member presiding.
(2) The House shall sit on Tuesdays, Wednesdays, Thursdays and Fridays except that, whenever appropriate, the House may sit on any other day.
(3) A Sitting of the House shall ordinarily be for five hours.
(4) Despite rule (3), the Speaker may direct that a sitting be held outside the prescribed period, having regard to the state of business of the House.
Interruption of proceedings
56. (1) At any time prior to three minutes before the stated time for concluding a sitting, a Member may move for the
(a) adjournment of the House; or
(b) extension of the sitting to a definite time later than the stated time for concluding a sitting.
(2) Except as otherwise provided for in these Orders, the Speaker mayinterrupt business proceedings and adjourn the sitting of the House three minutes before the stated time for adjourning a sitting or at any time after that.
(3) Where the sitting is extended to a definite time under rule (1) (b) of this Order, the Speaker shall, at that time, adjourn the sitting of the House.
(4) A Member may move for the adjournment of the sitting of the House, at any time after the prescribed period, where there has not been an extension of a sitting.
Suspension and adjournment of sitting
57. (1) The Speaker may suspend a sitting of the House at any time.
(2) The Speaker, after consultation with the House, is responsible for fixing the time when a sitting of the House shall be
(a) adjourned to a particular day, or
(b) suspended to an hour or any other period of the same day.
(3) The Speaker may, summon a sitting of the House before the date or time to which the House has been adjourned or at any date or time after the House has been adjourned sine die.
Summoning of Meeting
58. (1) The Speaker shall summon Parliament by notice published in the print and electronic media not later than fourteen days before the beginning of a Meeting.
(2) The summons shall indicate the date, time, mode and place for the commencement of the Meeting.
(3) Where Parliament is adjourned to a specified date, not more than fourteen days from the date of adjournment, the notice of the summons is not required.
(4) The Speaker shall summon Parliament within a period determined by the Speaker and the requirement for a fourteen-day-notice shall not apply where there is an emergency.
Suspension of Meeting
59. (1) The Speaker may, in consultation with Leadership, suspend a Meeting of the House
indefinitely or for a period determined by the Speaker, having regard to public interest and the exigencies of the state of affairs in the country.
(2) The Speaker may, in consultation with Leadership, recall the House where the House is suspended indefinitely and there arises a matter of urgent public importance requiring the attention of Parliament.
(3) For the purposes of this Order, the Speaker shall determine the period for the notice of resumption of the House having regard to the urgency of the matter except that the period for notice shall not be more than three days.
Close sitting of the House
60. (1) The Speaker may, in consultation with the House and having regard to national security, public safety and public interest, direct the House to move into a Close Sitting to discuss a particular matter or for the remainder of the sitting.
(2) When the House is in Close Sitting, a stranger is not permitted to be present in the Chamber, lobbies, galleries or foyer.
(3) The Speaker shall cause the proceedings and decisions of a Close Sitting to be recorded or issued in the manner that the Speaker considers appropriate.
(4) The Clerk or the most senior Deputy Clerk shall be the Clerk at a Close Sitting.
(5) No person other than a Member, the Clerk or the most senior Deputy Clerk acting under the authority of the Speaker shall
(a) keep a record or note of any proceedings or decision of a close sitting;
(b) issue any report of, or purport to describe the proceedings or any decision of a close sitting.
Disclosure of proceedings or decisions of Close Sitting
61. Disclosure of proceedings or decisions of a Close Sitting by a person in any manner shall be treated as a breach of the privileges of the House.
The Mace
62. (1) The Mace shall
(a) stand upright before the Table during every sitting of the House except during a sitting of the Committee of the Whole House or a Consideration Stage of a Bill when the Mace shall stand tilted;
(b) not be removed from the stand when sitting of the House is suspended; and
(c) be kept in the custody of the Bank of Ghana upon
(i) the suspension of a Meeting,
(ii) adjournment sine die, or
(iii) the dissolution of Parliament.
(2) A Member shall bow to the Mace at the commencement ofbusiness, or upon entering or re-entering the Chamber after business has commenced.
Language of proceedings
63. (1) The proceedings of Parliament shall ordinarily be conducted in English, except that a Member may exercise the option to address the House in a local language if
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facilities exist in the House for interpretation by the Member or for contemporaneous interpretation.
(2) The proceedings of Parliament shall be interpreted in Sign Language to the largest extent possible.
Quorum in Parliament (cf. article 102 of the Constitution)
64. (1) A quorum of Parliament apart from the person presiding, is one-third of all
the Members of Parliament.
(2) Where the person presiding is a Deputy Speaker or a Member, that person shall be counted as part of the quorum.
(3) A Member may draw the attention of the person presiding, at any time during a sitting, that Members present in the House, constitute less than one-third of the number of all the Members of Parliament.
(4) The person presiding shall
(i) direct the Clerks-at-the-Table to cause the bell to be rang;
(ii) wait for an interval of ten minutes; and
(iii) if there is still no quorum, suspend the sitting of the House for a period not exceeding one hour.
(5) If upon resumption of the Sitting there is still no quorum, the House shall stand adjourned till the next sitting day without Question being put.
Communications to and from the House
Communication to the House
65. (1) Communication from the President to the House shall be made to the Speaker in
writing signed by the President, or in the absence of the President, by the Vice-President or by a Minister authorised by the President.
(2) Communication from the President shall relate to matters including
(a) absence from Ghana;
(b) a Ministerial or Deputy Ministerial nomination;
(c) Ministerial reshuffle;
(d) revocation of appointment of a Minister;
(e) the nomination of a person
(i) to the office of Vice-President pursuant to clause (10) of article 60 of the Constitution;
(ii) for appointment as Chief Justice;
(iii) to the Supreme Court;
(iv) to the Council of State; and
(v) to any other office specified in the Constitution or any other
enactment;
(0 composition of Cabinet; and
(g) appointment of Heads of Independent Constitutional Bodies.
(3) The House may receive Communication through the Speaker, from
(a) the Chief Justice;
(b) the Chairperson of the Council of State;
(c) a Minister of State; or
(d) the Head of an Independent Constitutional Body.
(4) The House may also receive Communication from the Speaker.
Communication from the House
66. (1) Communication from the House to
(a) the President;
(b) the Chief Justice;
(c) the Chairperson of the Council of State; or
(d) the President of the National House of Chiefs
shall be in writing and signed by the Speaker, or in the absence of the Speaker, a Deputy Speaker acting for the Speaker.
(2) Communication from the House to
(a) a Minister of State; or
(b) the Head of an Independent Constitutional Body
shall be in writing and signed by the Clerk to Parliament, or in the absence of the Clerk, a Deputy Clerk acting for the Clerk to Parliament.
Order of Business
Order of business
67. (1) The business for a sitting, as presented by the Business Committee and adopted by the House shall be set out in the Order Paper, and transacted in the following order:
(a) Prayers; ftJRoll Call;
(c) Election of Speaker;
(d) Oaths;
(e) National Pledge;
(f) Election of Deputy Speakers;
(g) Formal communication by the Speaker;
(^Swearing-in of the President;
(i) Swearing-in of the Vice-President;
(j) Message or address by the President;
(^Address by special guests;
(l) Communication from the President;
(m) Communication from the Chief Justice;
(n) Communication from the chairperson of the Council of State;
(o) Communication from the chairperson of the National House of Chiefs;
(p) Ceremonial speeches;
(q) Correction and Adoption of Votes and Proceedings and Official Reports;
(r) Statements by the Speaker;
(s) Presentation of Business Statement;
(t) Statement by Ministers;
(u) Complaints of Contempt of Parliament or Breach of Parliamentary Privilege;
(v) Decision Day;
(w) Backbenchers’ Business;
(x) Presentation of Petitions;
(y) Presentation of Papers;
(z) Presentation of Instruments;
(flc/Presentation of Government Bills;
(IbtyMotions for the Introduction of Bills;
(cc) Motions on Specific Matters of Urgent Public Importance; fc/c/jSubstantive Motions;
(ee) Questions to Ministers, Heads of Independent Constitutional Bodies, or Members;
(ff) Statements by Members;
^Private Members’ Bills and Private Members’ Motions; and f/z^Half-Hour Motions.
(2) The Order of Business set out in the Order Paper may, by leave of the Speaker, be varied at any sitting.
Prayers
68. (1) The Speaker shall read the prayers set out in the Third Schedule at the commencement ofa sitting before the consideration of any other business.
(2) The Clerk shall read the prayers at the commencement of the First Sitting of the First Meeting of the First Session of a new Parliament prior to the Election of a Speaker.
National Pledge
69. The House shall recite the National Pledge as set out in the Fourth Schedule at the First Sitting of every week of a Meeting.
Correction and Adoption of Votes and Proceedings and Official Report
70. The House shall correct and adopt the Votes and Proceedings and the Official Report at the time appointed for the purpose under Order 67.
Business Statement
71. (1) Every Friday, the chairperson of the Business Committee shall present to the House, a statement on the business arranged for the following week.
(2) Where the first Sitting of a Meeting precedes a Friday, the statement on the business arranged for the remainder of the week, where possible, shall be presented on the day of the commencement of the Meeting.
(3) The chairperson of the Business Committee may present supplementary statements as determined by the Committee.
Address or Message by the President (cf. articles 36(5) & 67 of the Constitution)
72. (1) The President shall, at the beginning of each Session and before a dissolution of Parliament, deliver to Parliament a Message on the State of the Nation.
(2) The President shall, within two years after assuming office, present to Parliament a coordinated programme of economic and social development policies, including agricultural and industrial programmes at all levels and in all the regions of Ghana.
(3) The President may address Parliament on any matter of national importance with the leave of the House.
(4) Whenever the President delivers an address to the House, the Speaker may convey to the President the gratitude of the House for the address.
Backbenchers’ Time
73. (1) The House shall allot one hour on the last Wednesday of a month for the consideration of determined business for Backbenchers.
(2) Despite rule (1), the Speaker may, having regard to the state of business of Backbenchers in the House, extend the period for the consideration of business of Backbenchers.
Decision Day
74. (1) On a day set aside by the Speaker in consultation with Leadership, the House may take a vote on a critical matter on which decision is pending.
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(2) The Speaker may present rulings on critical matters pending before the House on a Decision Day.
Priority of Motions
75. (1) A Motion and Half-Hour Motion to be moved under the relevant Orders shall be placed on the Order Paper in the order of priority determined by the Business Committee.
(2) The Motions shall be listed alternatively for a Friday commencing in each
Meeting.
(3) Motion for which priority, at the discretion of the Speaker, is claimed, may be placed on the Order Paper for the next available Tuesday in accordance with rule (2) of this Order and it shall take precedence over any public business.
(4) Despite rule (3) of this Order, the Business Committee may cause the transaction of a public business, the urgency of which supersedes a listed urgent private motion.
(5) Not more than one such Motion shall be scheduled for any day, and if the debate on the Motion is not concluded on the interruption of business, the Motion shall be placed on the Order Paper for the next sitting day.
All other business
76. An item of business on the Order Paper on any particular day which is not considered or concluded on the interruption of business under the relevant provision of these Orders shall be placed on the Order Paper for the next sitting dayin the order that the Business Committee may determine.
Question to Ministers, Members and Heads of Independent Constitutional Bodies
Question Time in the House
77. (1) A Minister, a Member or the Head of an Independent Constitutional Body shall, by order of the House, attend a sitting of the House to answer a Question.
(2) Question time shall ordinarily not exceed one hour except that the Speaker may permit a Question after the expiration of the time stated.
(3) A Minister, a Member or the Head of an Independent Constitutional Body shall not take more than three weeks, upon receipt of a Question from the House, to respond to the Question.
Question to Member
78. A Question may be asked of a Member in respect of a Bill, Motion or other public matter connected with the business of the House for which the Member is responsible.
Response to Question by Heads of Independent Constitutional Bodies
79. A Question asked of the Head of an Independent Constitutional Body shall be responded to at Committee of the Whole.
Rota of Questions
80. (1) A Question relating to a Ministry, a Member or an Independent Constitutional Body shall be programmed on different days in rotation for answering as the Business Committee may determine.
(2) The Business Committee, in scheduling Questions on the Business Statement for answering, shall have regard to the date the Question was filed and the date of admission by the Speaker.
(3) On each sitting day, only a Question relating to a Ministry, a Member or an Independent Constitutional Body for which time has been allotted shall be placed on the Order Paper.
Subject-matter of Question
81. (1) A Question may be asked of a Minister, aMember or the Head of an Independent Constitutional Body which relates to
(a) a matter of public interest to which the Minister, Member or the Head of an Independent Constitutional Body is officially connected;
(b) proceedings in Parliament to which the Minister, Member or the Head of an Independent Constitutional Body is officially connected; or
(c) any matter of policy or administration for which the Minister, Member or the Head of an Independent Constitutional Body is responsible.
(2) A Question shall be restricted to matters for which the Minister, the Member or the Head of Independent Constitutional Body is responsible or which affect the general policy of that Ministry or Independent Constitutional Body.
Notice of Question
82. (1) The Clerk shall design a Question Form which shall be kept at the Table Office.
(2) The Form shall indicate whether the answer requested is “Urgent”, “Oral” or “Written”.
(3) Notice of a Question shall be given by delivery of a completed Question Form at the Office of the Clerk not later than twelve sitting days before the end of a Meeting.
(4) A Member shall indicate on the Form the type of Answer desired.
(5) The Clerk shall, within two sitting days, transmit the completed Question Form with the comments of the Clerk to the Speaker.
(6) The Speaker shall, within four sitting days, indicate to the Clerk the admissibility or otherwise of the Question.
(7) The Clerk shall transmit the Question as admitted by the Speaker to the Minister, Member or Head of the Independent Constitutional Body concerned not later than two sitting days from the date of receipt of the Question from the Office of the Speaker.
(8) The Clerk shall cause the answer to a Written Question to be communicated in writing to the Member asking the Question and the Question together with the answer shall be printed in the Official Report.
Urgent Question
83. (1) An Urgent Question is a Question related to a matter of urgent public
importance and shall be marked as such.
(2) A Question admitted as Urgent shall be answered within four sitting days from the date of transmission of the Question to the Minister, Member or the Head of an Independent Constitutional Body concerned.
(3) The Clerk shall transmit the completed Question Form with comments to the Speaker within twenty-four hours.
(4) The Speaker shall indicate to the Clerk the admissibility or otherwise of the Question within two sitting days.
(5) The Clerk, on receipt of the Question from the Office of the Speaker, shall within twenty-four hours, transmit the Question as admitted by Speaker to the Minister, Member or the Head of the Independent Constitutional Body concerned.
Oral Question
84. (1) The order in which Questions for Oral Answers are placed on the list of Questions shall, as far as practicable, be determined by the order in which the Questions are received at the Table Office after they are admitted by the Speaker.
(2) A Member shall not ask a Minister, Member or the Head of an Independent Constitutional Body more than three substantive Questions for Oral Answers within a week.
(3) Questions that remain on the Order Paper after the expiry of the time allocated for Questions shall be reprogrammed as determined by the Business Committee.
(4) A Question other than an Urgent Question, submitted less than six days before the end of a Meeting, shall not be admitted for Oral Answer.
(5) An Answer to such a Question may be communicated in writing to the Member asking the Question.
Admissibility of Question
85. (1) The Speaker is solely responsible for the admissibility of a Question.
(2) When a Question is admitted by the Speaker, the Clerk shall immediately communicate the text to the Minister, Member or Head of the Independent Constitutional Body to whom the Question is addressed and notify the Business Committee.
(3) Where the Speaker declines admission to the Question for any reason, the Speaker shall, within twenty-one days upon receipt of the Question, return the Question to the Member who filed the question with the comments of the Speaker.
Conditions of admissibility of Question
86. (1) A Question shall not
(a) include the name of a person or statement of fact unless they are necessary to make the Question intelligible, and in the case of statements of fact, can be authenticated by the Member concerned;
(b) contain charges which the Member asking the Question is not in a position to substantiate;
(c) contain any arguments, expression of opinion, inferences, imputations, epithets or controversial, ironical or offensive expressions or hypothetical cases;
(d) raise an issue already decided, or which has been answered substantially, during the current session;
(e) raise an issue regarding proceedings in a Committee not placed before the House by a report from the Committee;
(f) solicit the expression of an opinion or the solution of an abstract legal case or a hypothetical proposition;
(g) make or imply a charge of a personal character or which reflects upon character or conduct except of a person in an official or public capacity;
(h) refer to more than one subject matter and shall not be of excessive length;
(i) solicit an answer which is readily available in official publications;
(j) refer to the character or conduct of a person whose character or conduct may only be challenged on a substantive motion; and
(k) refer discourteously to any country nor contain expressions that are likely to undermine the foreign relations of a country.
(2) A supplementary Question is subject to the same conditions in this Order as an original Question.
(3) Where the Speaker is of the opinion that a Question, of which notice has been given or which a Member has sought leave to ask without notice, infringes any of the conditions set out in this Order, the Speaker may direct that the Question be printed or asked with the necessary alteration, in consultation with the Member, as the Speaker shall direct.
Question Record Book
87. (1) The Clerk shall keep a Question Record Book in which shall be recorded,
(a) the Questions asked by Members;
(b) the Questions admitted by the Speaker;
(c) the time of transmission of the Question to the Minister, Member or Head of
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Independent Constitutional Body concerned;
(d) answers given to the Questions; and
(e) Questions which have received no answers.
(2) The Question Record Book may be inspected by Members during working hours.
Maimer of asking and answering Question
88. (1) At Question Time, the Speaker shall call successively each Member in whose name a Question stands on the Order Paper.
(2) The Member called shall rise and ask the Question that stands in the name of the Member on the Order Paper.
(3) In the absence of the Member, any other Member so authorised may, with the prior permission of the Speaker, ask the Question.
(4) The answer to a Question shall, whenever practicable, be printed and a copy delivered to the Member asking the Question not less than fifteen minutes before the time fixed for the sitting at which the Question is to be answered.
(5) The answer to the Question shall be read by the Minister, Member or Head of the Independent Constitutional Body to whom the question is directed.
(6) In the absence of the Minister, Member or Head of the Independent Constitutional Body to whom the Question is directed, the Speaker may permit an authorised person to respond to the Question.
(7) A Member, in asking the Question, shall not
(a) address the House;
(b) raise any argument; or
(c) offer an opinion.
(8) Where a Question has been asked and answered, no debate on it shall be permitted.
Supplementary Question
89. (1) As soon as a Question is answered, any Member beginning with the Member who asked the Question may, without notice, ask a Supplementary Question for further clarification of any matter of fact on the answer but a Supplementary Question shall not introduce a matter not included in the original question.
(2) The Member who asked a Question may be allowed to ask not more than three Supplementary Questions on the substantive Question.
(3) Any other Member may be allowed to ask not more than two Supplementary Questions except that the Majority and Minority Leaders may each ask not more than five Supplementary Questions on the substantive Question.
Withdrawal of Question
90. (1) A Member who has filed a Question may withdraw the question by written
communication to the Clerk.
(2) Where the Question is admitted, the Member may withdraw that Question by leave of the Speaker.
Statements and Ceremonial Speeches
Statement by the Speaker and Minister
91. (1) The Speaker may make a statement on any matter of interest to the House.
(2) A Minister of State may make a statement of government policy and the statement shall
(a) be limited to facts which are necessary to be made known to the House; and
(b) not contain matters that are likely to provoke debate.
(3) A Member may comment on the statement and the comment shall not provoke debate.
(4) A Member commenting on the Statement shall not take more than five minutes except otherwise permitted by the Speaker.
(5) The Speaker may, where appropriate, give directives to the relevant body or Committee to give effect to matters arising out of the Statement or comments.
(6) The directive may include timelines for response by the relevant body or Committee and appropriate follow up by the relevant Committee.
Ceremonial speech
92. A ceremonial speech may be permitted and the speech shall be confined to commemorating a special event, eulogising a renowned personality or a deceased distinguished person.
Statement by Member
93. (1) By the indulgence of the House and leave of the Speaker, a Member may explain a matter of personal nature or make a Statement on a matter of urgent public importance, at the time appointed for Statements under Order 67.
(2) The proposed Statement shall be admitted by the Speaker with or without modification.
(3) The text of the Statement, as admitted, shall be read when a Member is called upon to make the Statement.
(4) A Statement, other than a personal statement, may be commented upon by other Members for a limited duration of time not exceeding one hour.
(5) A Member may comment on the statement for a period not exceeding five minutes, and the comment shall not provoke debate.
(6) The Speaker shall cause to be transmitted to the Clerk, Statements admitted to be made on a particular day, to be advertised on the Order Paper for the purpose of notice to Members.
(7) The Clerk shall make available to Members, copies of admitted Statements.
Time for Statements
94. The time for Statements shall ordinarily not exceed one hour except that the Speaker may permit Statements and comments outside the prescribed period in exceptional cases.
Withdrawal of Statement
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95. A Member whose Statement has been admitted may withdraw the Statement by leave of
the Speaker.
Papers and Petitions
Presentation of Papers
96. A Paper may be presented to the House only by the Speaker, the chairperson of a Committee, a Member, a Minister or a Head of an Independent Constitutional Body.
Procedure for presentation of Papers
97. (1) Whenever sufficient copies of a Paper have been received in the Office of the Clerk for distribution to Members, notice of the presentation of that Paper may be placed on the Order Paper and when the Speaker announces “Presentation of Papers,” the person laying the Paper shall rise and bow to the Chair and the Clerk shall read the title of the Paper and the Paper shall he considered to have been laid on the Tabic.
(2) If so desired by the person presenting a Paper, a short explanatory statement may be made by the person upon the presentation of the Paper.
(3) A short explanatory statement shall be made by the person presenting a Paper where requested by the House or a Member upon the presentation.
(4) Where the person presenting the Paper is unable to comply with the request under rule (3), the Paper is considered not to have been laid.
(5) The Speaker may refer the Paper to the relevant Committee, where appropriate.
(6) A Paper presented to the House shall be recorded in the Votes and Proceedings of the sitting at which was presented.
Withdrawal of Paper
98. A Member, Minister or Head of an Independent Constitutional Body who presented a paper may withdraw the paper by leave of the House.
Petitions
99. (1) A Member may present a Petition to the House, if the Member has previously notified the Speaker.
(2) A Member may present a Petition to Parliament, or on behalf of another person,
on a matter of
(a) public or personal interest, or
(b) public or personal concern.
(3) The Petition shall be
(a) in writing and dated,
(b) signed, marked or thumb-printed
by the petitioner or on the authority of the petitioner, and
(c) addressed to the Speaker.
(4) The name and address of the petitioner shall be clearly stated in the petition.
(5) The Petition shall clearly state the subject matter of the Petition and the relief being sought.
(6) The Speaker shall refer the Petition to the Petitions Committee or any other relevant Committee for investigation and report to the House within a period directed by the Speaker but not exceeding thirty days from the date of the reference unless the Speaker, after consultation with the Leadership of the House, determines that a reference is not necessary because the Petition does not merit investigation.
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(7) For the purpose of determining whether a Petition merits investigation, consideration shall be given among others, to whether the subject matter of the Petition,
(a) is frivolous or vexatious;
(b) is made in good faith;
(c) relates to a decision of a court or an action before a court;
(d) relates to a matter before a commission of enquiry or any other quasi-judicial body; or
(e) relates to dealings between the Government and another government or an international organisation.
(8) A Petition to Parliament shall be in the form provided in the Fifth Schedule.
Order, Rule or Regulation
Order, Rule or Regulation to be laid and gazetted (cf. article 11 (7) of the Constitution)
100. Any Order, Rule or Regulation made by a person or authority under a power conferred by the Constitution or any other law shall
(a) be laid before Parliament;
(bj be published in the Gazette on the day it is laid before Parliament; and
(c) come into force at the expiration of twenty-one sitting days after being so laid unless Parliament, before the expiration of the twenty-one days, annuls the Order, Rule or Regulation by the votes of not less than two-thirds of all the Members of Parliament.
Motions and Amendments
Notice of Motion
101. Notice shall be given of a Motion intended to be moved except a Motion
(a) for the adoption of the report of the Business Committee;
(b) that relates to contempt of Parliament or breach of Parliamentary privilege;
(c) for the adjournment of the House or of a debate;
(d) that relates to a petition to be read, printed or referred to a Committee of Parliament;
(e) to amend a Motion of which no notice is required or which is debated twenty-four hours after notice has been given;
(0 that a Member be no longer heard;
(g) for the reference of a Bill to a Committee;
(h) for the Third Reading of a Bill;
(i) for the withdrawal of a Motion;
(j) for the election of a Member to preside in the House; and
(k) the urgency of which is admitted by the Speaker.
Procedure for giving notice
102. (1) A notice is given when the text of the Motion is submitted at the Table when the House is sitting or is transmitted to the office of the Clerk to be received within the hours prescribed for the purpose.
(2) A notice shall be signed by the Member proposing the Motion or amendment.
(3) When a notice is received by the Clerk, the Clerk shall record the date and hour of
its receipt.
(4) Each notice shall be submitted to the Speaker who shall direct that it be printed or that it should be returned to the Member submitting it as being inadmissible for stated reasons.
(5) Where the Speaker directs that a notice be printed, the Clerk shall print and circulate the notice even if the Motion is in respect of a matter for which notice is not required and, in the case of an amendment to a Bill, shall be arranged in the order in which the amendments are to be proposed.
(6) A notice shall not be given orally in the House, except that a Member may orally inform the House of the intention of the Member to raise a matter on a Half-Hour Motion.
(7) A notice of the Motion is duly given to the House when the notice is published in the Order Paper.
Conditions for admissibility of Motion
103. A Motion shall relate to a definite issue and not
(a) contain arguments, inferences, ironical expressions, imputations or defamatory statements;
(b) refer to the conduct or character of a person except in the official capacity of that person;
(c) raise a matter of privilege;
(d) revive the consideration of a matter which had been considered in the same Meeting unless new matters have arisen;
(e) anticipate discussion of a matter which is to be discussed in the same Meeting;
(j) be the subject matter of an action on which a judicial decision is pending
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in such a way as may, in the opinion of the Speaker, prejudice the interest of parties to the action;
(g) relate to a matter under consideration by a Committee of the House;
(h) ask for an expression of opinion or the solution of an abstract legal question or of a hypothetical proposition; or
(i) refer to or seek the disclosure of information which in the opinion of the Speaker, is injurious to public interest or prejudicial to the security of the State.
Duration of notice required
104. (1) Except as provided in rule (2) of this Order, a Motion shall not be debated until at least two sitting days have elapsed after the notice is given.
(2) A Motion of which no notice is required or a Motion to amend a Motion of which notice is required or an amendment to a Bill, may be debated the next sitting day after notice has been given.
(3) Subject to rule (2), when a Motion is debated the next sitting day after notice has been given, amendments maybe proposed to the Motion without notice.
(4) In the case of an amendment to a Bill of which notice has not been given, as prescribed under this Order, the Speaker may allow the amendment to be debated.
Motion to be seconded
105. A Motion, unless moved at the Second Reading or Consideration Stage of a Bill, shall be seconded, and if not seconded shall not be debated or entered in the Votes and Proceedings.
Withdrawal of Motion
106. A Member or Minister who has proposed a Motion may withdraw the Motion, but if the Motion has been moved and seconded, the Member or Minister may do so, except in respect of Bills, only by leave of the House.
Procedure for proposing and putting the Question on amendment
107. (1) Where an amendment is to delete any of the words of a Motion, the question to be proposed by the Speaker shall be “That thefollowing words …be deletedfrom the Motion ”.
(2) Where an amendment is to insert words in, or add words at the end of a Motion, the question to be proposed by the Speaker shall be, “ That the following words… be inserted (or added)”.
(3) Where an amendment is to delete words and insert or add other words instead, a question shall first be proposed “That thefollowing words… be deletedfrom the Motion”, and if the question is agreed to, the question shall then be proposed “That the following words… be inserted (added)”. If the first question is negatived no further amendment may be proposed to the words which were to be deleted.
(4) Where an amendment is moved to an amendment on which the Speaker has proposed the question, the latter amendment shall be dealt with as if it were part of the original Motion until all amendments to it have been disposed of.
(5) This order shall apply to the consideration of amendments to Bills, with the substitution, where appropriate, of the word “clause” for the word “question”.
(6) In the consideration of an amendment to a Bill, any amendments proposed to an amendment shall be dealt with before a decision is taken on the ordinal amendment.
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Motion to amend Standing Orders
108. (1) The notice of any Motion for the amendment of any of these Orders shall be accompanied by a draft of the proposed amendment.
(2) When the Motion has been moved and seconded, the Motion shall be referred to the Standing Orders Committee, and no further proceedings shall be taken on the Motion until the Standing Orders Committee has reported on the Motion.
Motion relatingto settlement of financial matters (cf. article 108 of the Constitution)
109. (1) Parliament shall not proceed on a Motion, including an amendment to a Motion, which in the opinion of the person presiding, makes provision for any of the purposes set out in Order 162 unless the Motion is introduced by, or on behalf of, the President.
(2) A Motion or an amendment to a Motion under this Order for the imposition of or an increase in a tax shall not be moved unless notice is given.
Half-Hour Motion
110. (1) On any day a Half-Hour Motion is listed on the Order Paper, the Speaker shall interruptbusiness thirty minutes before the conclusion of business of the day and call upon the Member in whose name the item stands to move the Half-Hour Motion.
(2) No amendment to such a Motion shall be permitted.
(3) The subject of the Motion shall be one for which the Government is responsible, and the right to move the Motion shall be determined by ballot under the direction of the Speaker.
(4) The right shall not be allotted to more than one Member for each sitting and at the stated end of the sitting or the conclusion of the debate before that time, the Speaker shall put the Question on the Motion without allowing a division.
(5) On the interruption of business under rule (1), the closure of debate may be moved, and if it is moved or if proceedings under the relevant Order regarding the closure are already in progress at the time of interruption, the Speaker shall not interrupt the business until the Question consequent upon the moving of the closure and any further Question relating to the closure has been decided.
(6) The Speaker shall adjourn the House without question put or call upon the Member in whose name the Half-Hour Motion stands to move the Motion as the case may require.
(7) Where the Member is called upon, the sitting shall be subject to the provisions of Order 56 and debate may proceed for not more than thirty minutes.
(8) Where business is due to be interrupted for a Half-Hour Motion and at that hour a division is in progress, the Speaker shall not interruptbusiness until the Speaker has declared the determination of the House on the division and in such case, the debate under rule (1) of this Order may proceed for not more than thirty minutes.
Admissibility of Half-Hour Motion
111. The admissibility of a Half-Hour Motion shall be determined in accordance with the following conditions:
(a) notice of a Half-Hour Motion shall be given in the prescribed Form,
(b) the notice shall be accompanied with an explanatory note stating the reasons for proposing the Motion;
(c) the Member shall indicate in the notice the date on which the Motion is intended
to be moved;
(d) the notice shall be signed by the Member or Members sponsoring the Motion;
(e) the notice shall be addressed and submitted to the Clerk;
(f) the notice shall be given at least three days prior to the day on which the Motion is to be moved;
(g) where the Motion is sponsored by more than one Member, any of the signatories may move the Motion; and
(h) the Motion shall, upon admission by the Speaker, be placed in a Notice Box provided by the Clerk to be located at the Table Office.
Balloting on Half-Hour Motion
112. (1) Where more than one Motion is admitted for a particular date, the right to move the Motion on that date shall be determined by ballot.
(2) The ballot shall be drawn by the Clerk in the presence of the Members concerned on a Tuesday after the Sitting of the House, except where the Tuesday is a holiday, the ballot shall be drawn on the next sitting day.
(3) The Member in whose name the first ballot is drawn shall have the right to move the Motion.
(4) Where a Member in whose name the first ballot is drawn is unavailable to move the Motion on the stated date, the Member in whose name the next ballot is drawn shall have the right to move the Motion.
Scheduling of Half-Hour Motion
113. (1) The Business Committee shall, based on the result of the ballot drawn, schedule the Half-Hour Motion for the Friday of the ensuing week.
(2) Despite rule (1), the Business Committee having regard to the schedule of business, may schedule the Half-Hour Motion for a day other than a Friday.
Motion on specific matters of urgent public importance
114. (1) At the day and time appointed for the purpose under Order 67, a Member may, with the prior approval of the Speaker, move a Motion on a specific matter of urgent public importance.
(2) A Member who intends to move such a Motion shall, before the commencement of the sitting submit to the Speaker a written notice and a statement of the matter to be raised.
(3) In determining whether a matter should have urgent consideration, the Speaker shall consider the
(a) extent to which the matter concerns the administrative responsibilities of the Government or falls within the scope of ministerial action;
(b) urgency of the matter; and
(c) probability of the matter being brought before the House within a reasonable time by some other means.
(4) The right to move a Motion under this Order is subject to the following conditions: (a) the matter proposed for discussion must relate to an emergency, that calls for
immediate and urgent consideration;
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(b) not more than one such Motion may be moved at a sitting;
(c) not more than one matter shall be discussed in the same Motion;
(d) the Motion shall not revive debate on a matter which has already been decided in the same Session under this Order;
(e) the Motion must not raise a question of privilege; and
(j) the debate on the Motion shall not raise any question which, by these Orders, may only be debated on a distinct Motion on notice.
(5) Where the Speaker does not admit a Motion under this Order, the reason shall be communicated in writing to the Member within three sitting days from the date of receipt of the decision at the Table.
Rules of Debate
Time and manner of speaking
115. (1) Subject to the discretion of the Speaker and Order 169(3)(b), a Member who intends to speak shall rise in the Member’s place and address the Chair while standing only after catching the eye of the Speaker.
(2) Despite rule (1), a Member may catch the eye of the Speaker by the use of the relevant technology determined by the House.
(3) A Member who is unable to stand by reason of ill-health or infirmity, may be permitted to speak while sitting by the special indulgence of the Speaker.
(4) The Deputy Speakers and Members of the Leadership shall be referred to by the names of the offices they hold.
(5) Ministers and Deputy Ministers shall be referred to by their Ministerial titles.
(6) Any other Member shall be referred to as “Honourable” together with the name of the constituency of that Member, that is “the Honourable Memberfor… ”.
(7) Where an Honourable Member has already been so described in a speech, the Member may be subsequently referred to as “My Honourable Friend” or “The Honourable Gentleman, Lady or Member”.
(8) A Member shall not speak more than once to any Question except
(a) at the Consideration Stage of a Bill;
(b) in explanation, as prescribed in rule (9) of this Order; or
(c) in the case of the mover of a substantive Motion who intends to respond to matters ensuing.
(9) Despite rule (8), a Member who has spoken may again be heard to explain some material part of the speech which has been misunderstood, or to vindicate the character or conduct of the Member if that has been impugned, but the Member shall not introduce a new matter.
(10) A Member seconding a Motion or an amendment shall state “Mr. or Madam Speaker, I beg to second the Motion (or amendment)”, except that this may be without limiting the right of the Member to speak at a later stage of the debate.
(11) A mover of a Motion or amendment may speak in support of the Motion but subject to these Orders, no further debate is allowed until the Motion or amendment has been seconded.
Closure of debate
116. (1) After a question has been proposed and debated, a Member may move, “That the Question be now put”, and, unless it appears to the Speaker that the Motion is an abuse of the rules of the House or an infringement on the rights of the minority, the question “That the Question be now put” shall be put immediately by the Speaker without amendment or debate.
(2) Where the question of closure is agreed to by a majority of Members present, the question on the Motion which was being considered when the Motion for closure was moved shall be put immediately without further debate.
(3) Debate on a Motion shall be closed when the indication of Ayes and Noes have been taken on the Motion.
(4) A Member may not speak on the substance of any Question after the closure of debate in rule (3).
Newspaper, periodical, or book not to be read in the House
117. A Member shall not read a newspaper, a periodical, book or document in the Chamber of the House except for the purpose of debate.
Restriction on use of electronic devices
118. (1) A Member shall not receive or make a call on an electronic device in the Chamber during Sitting.
(2) A mobile electronic device shall be muted while in the Chamber.
Reading of speech by Member
119. A Member shall not read the Member’s speech, to the largest extent possible, but may read extracts from written, printed or electronic documents in support of the Member’s submission or may refresh the Member’s memory by reference to notes.
Speaker not to participate in debate
120. The Speaker shall not participate in a debate at plenary.
Audience to a Head of Independent Constitutional Body
121. (1) The Head of an Independent Constitutional Body may be summoned or granted audience at Committee of the Whole to brief the House on a matter of national importance.
(2) The Head of an Independent Constitutional Body shall not participate in a debate at plenary.
Interruption of debate
122. (1) Debate may be interrupted
(a) by a point of order being raised;
(b) by a matter of privilege suddenly arising;
(c) by a point of information, elucidation or clarification;
(d) by attention being called to the absence of a quorum;
(e) by attention being called to the presence of a stranger in the House; or
(f) upon a point of procedure.
(2) Where a Member rises on a point of procedure or order, the Member on the floor shall immediately resume the Member’s seat.
(3) Where a point of procedure or order has been raised, no other Member shall rise except by leave of the Speaker until the Speaker determines the matter.
(4) The Speaker may state reasons for the decision when determining a point of procedure or order.
(5) A Member who interrupts debate on a point of procedure or order shall state the rule of procedure the Member on the floor has breached or the procedural matter that requires a ruling of the Speaker before subjecting the Member on the floor to the ruling of the Speaker.
(6) A Member may rise on a point of information, elucidation or clarification based on a matter raised by a Member on the floor but may only proceed with the point if the Member on the floor is willing to yield and resume the Member’s seat.
(7) Where effect has been given to the decision on the point of procedure or order, the Member originally speaking may proceed with the Member’s speech unless the decision prevents that Member from doing so.
Content of speech
123. (1) A Member or a person entitled to participate in a debate shall not make reference to any matter on which judicial decision is pending in such a way as mayprejudice the interest of parties to the action, in the opinion of the person presiding.
(2) A Member shall not
(a) use offensive, abusive, insulting, blasphemous or unbecoming words on a Member or any other person; or
(b) impute improper motives, or impugn the integrity of a Member or any other person.
(3) Where in the opinion of the Speaker, the words of a Member used in a speech are offensive, abusive, insulting, blasphemous or unbecoming, impute improper motives, or impugns the integrity of a Member or any other person, the Speaker may order that the Member withdraws those words or withdraw and apologise.
(4) The Speaker may order that the words be expunged from the records and the words shall accordingly be expunged from the Official Report.
(5) A Member shall not raise any specific Question upon which the House has come to a conclusion during the current session, except on a substantive Motion for rescission.
(6) The speech of a Member shall be relevant to the subject-matter under discussion.
(7) The conduct of the Speaker, the Chief Justice, Members and Justices of the Superior Court of Judicature shall not be raised in Parliament, except upon a substantive Motion.
(8) Any reference to the conduct of persons mentioned in rule (7) in any amendment, Question or remarks in a debate on a Motion dealing with any other subject, is out of order.
Motion that a person be no longer heard
124. Where a Member, Minister, Deputy Minister, or Head of Independent Constitutional Body uses objectionable words or infringes Order 123(2) and on being called to order fails to retract or explain the words and offer an apology to the satisfaction of the Speaker, any Member may, with the consent of the Speaker, move that the Member, Minister, Deputy Minister, or Head of Independent Constitutional Body using the objectionable words should no longer be heard, and the Question on that Motion shall be put immediately without amendment or debate.
Anticipation
125. (1) A Member shall not anticipate any matter by the consideration of a Motion dealing with the subject matter which is likely to be introduced in the Meeting.
(2) A Member shall not anticipate any matter by proposing an amendment to the anticipated matter.
(3) In determining whether a debate is out of order on the ground of anticipation, the Speaker shall have regard to the probability of the matter in anticipation being brought before the House in that Meeting.
Order in the House
Chair to be heard in silence
126. (1) The Speaker is responsible for the observance of order in the House and of the rules of debate.
(2) Whenever the Speaker addresses the House, any Member standing shall immediately resume the Member’s seat, and the Speaker shall be heard in silence.
(3) Whenever the Speaker rises in situations of disorder, any Member standing shall immediately resume the Member’s seat.
(4) A Member shall not leave the Member’s seat while the Speaker is addressing the House.
Decision of the Speaker on interruption of debate
127. A decision of the Speaker in respect of interruption of debate under Order 122 is not subject to review by the House, except on a substantive Motion made on notice.
Point of order
128. A Member who breaches these Orders may be immediately called to order by the Speaker or by another Member rising to a point of order in accordance with Order 122.
Disorderly conduct
129. (1) A Member, Minister, or Deputy Minister engages in disorderly conduct where the Member, Minister, or Deputy Minister persistently breaches these Orders.
(2) Despite Order 123(3), where the Speaker calls the attention of the House to the conduct of a Member, Minister, or Deputy Minister who persists in irrelevance or tedious repetition either of the arguments of the Member, Minister, or Deputy Minister or of the arguments used by another Member in a debate, the Speaker may direct the Member, Minister, or Deputy Minister to discontinue the speech.
(3) The Speaker may order a Member, Minister, or Deputy Minister whose conduct is persistently disorderly to withdraw immediately from the House during the remainder of the sitting of that day and the Member, Minister, or Deputy Minister shall withdraw immediately.
(4) Where the Member, Minister, or Deputy Minister disregards the authority of the Speaker to withdraw, the Speaker shall invite the Marshal to act on the order and the Speaker shall suspend the Member, Minister, or Deputy Minister from the service of the House for a period not exceeding four sitting days.
(5) Where the Speaker considers that the sanctions under this Order are inadequate, the Speaker may name the Member, Minister, or Deputy Minister.
(6) Whenever a Member, Minister, or Deputy Minister is named by the Speaker immediately after the disorderly conduct, the Majority Leader shall immediately move a Motion or failing that, a Member may move the Motion, ‘That the Member, Minister, or Deputy Minister for … be held to be in contempt ofParliament”.
(7) When the Motion is carried, the Speaker shall call upon the Member, Minister, or Deputy Minister to show cause why that Member, Minister, or Deputy Minister should not be sanctioned for contempt.
(8) The Member, Minister, or Deputy Minister named by the Speaker, shall be heard in defence.
(9) The House shall proceed to decide on the conduct of the Member, Minister, or Deputy Minister by vote, upon the ruling of the Speaker, unless the House otherwise decides.
(10) The Speaker shall immediately put the Question on the Motion, without amendment, debate or adjournment.
Suspension of Member for disorderly conduct
130. (1) Where a Member is found to be in contempt of Parliament under Order 129, the Member shall be suspended immediately from the House, and unless the House otherwise decides, the suspension shall be on the first occasion for four sitting days, on the second occasion for eight sitting days, and on the third or subsequent occasions for twelve sitting days except that,
(a) in calculating the period of suspension of a Member, the day on which the Member was suspended shall be included, and
(b) unless the House otherwise orders, the period of suspension shall not extend beyond the end of the session.
(2) The Speaker shall call the attention of the House to the fact that force is necessary in order to compel obedience where a suspended Member refuses to obey the direction of the Speaker to leave the House, and the Member shall be forcibly removed from the House by the Marshal accordingly.
Defamatory statements
131. (1) Where in the opinion of the Speaker, a statement made by a Member is at first instance defamatory, the Speaker shall direct the Member to withdraw the statement and render an apology.
(2) The Speaker shall refer the matter to the Committee of Privileges and Immunities for enquiry where the Member fails to withdraw and apologise.
(3) The Committee shall report the findings to the House within ten sitting days after the date of the referral and the House shall consider the report.
(4) Where the House decides that the statement made by the Member is defamatory, the Member who made the statement shall, render an apology at the bar of the House within two sitting days after the decision of the House.
(5) The terms of the apology shall be approved by the Committee of Privileges and Immunities and communicated to the person who has been defamed.
(6) Where a Member refuses to render an apology, the Speaker shall suspend that Member for the duration of the Session.
(7) A suspended Member shall lose total Parliamentary privileges, immunities and remunerations, which may be restored to the Member if at any time before the end of the Session, the Member renders the required apology.
Suspended Member to withdraw from the House
132. A Member who is ordered to withdraw under rule (3) of Order 129 or who is suspended under rule (1) of Order 130 or rule (6) of Order 131 shall immediately withdraw from the House and the Member shall be ushered out of the precincts of Parliament.
Power of the Speaker to suspend sitting or adjourn the House
133. In the event of gross disorder arising in the House, the Speaker may suspend sitting to a time determined by the Speaker or adjourn the House to the next sitting day without the Question put.
Power to issue warrant of arrest
134. (1) Where a person fails to
(a) appear before the House or a Committee as ordered by the House or the Committee, or
(b) produce a document ordered, except where the production of the document is exempt by law,
the Speaker may issue a warrant, as provided in the Sixth Schedule, for the arrest of the person and the person shall be brought before the House or the Committee.
(2) The warrant shall be executed by a Police Officer not below the rank of an Assistant Superintendent.
(3) Where the person arrested cannot be brought before the House or the Committee immediately, the Speaker shall endorse the warrant with a direction that the person arrested be released, if the person enters into a recognisance as may be stated in the endorsement before a Judge, a District Magistrate, or the Commander of the Parliamentary Protection Unit of the Ghana Police Service.
Vote of Censure and Removal from Office
Vote of censure and removal (cf articles 82, 95(2)(d), & 96(3) of the
Constitution)
135. (1) The House may, by a resolution,
(a) remove the President, the Vice President, the Speaker or a Deputy Speaker; or
(b) pass a vote of censure on a Minister of State or a Deputy Minister.
(2) The House shall
(a) debate the motion of removal; or
(b) refer the motion on vote of censure to a Committee.
Removal of President (cf article 69 of the Constitution)
136. (1) The President shall be removed from office if found, in accordance with article 69 of the Constitution,
(a) to have acted in wilful violation of the oath of allegiance and the presidential oath set out in the Second Schedule to, or in wilful violation of any other provision of, the Constitution; or
(b) to have conducted himself or herself in a manner
(i) which brings or is likely to bring the high office of President into disrepute, ridicule or contempt; or
(ii) prejudicial or inimical to the economy or the security of the State; or
(c) to be incapable of performing the functions of the office by reason of infirmity of body or mind.
(2) For the purposes of the removal from office of the President, a notice in writing shall be given to the Speaker who shall immediately inform the Chief Justice and deliver the notice to the Chief Justice copied to the President.
(3) The notice shall
(a) be signed by not less than one-third of all the Members of Parliament, and
(b) state that the conduct or the physical or mental capacity of the President be investigated on any of the grounds specified in rule (1).
(4) The notice shall be accompanied with a statement in writing setting out in detail the facts, supported by the necessary documents, on which it is claimed that the conduct or the physical or mental capacity of the President be investigated for the purpose of the removal of the President from office.
(5) Subject to rule (7), the Chief Justice shall, immediately convene a tribunal by constitutional instrument, consisting of the Chief Justice as chairperson and the four most senior Justices of the Supreme Court.
(6) The tribunal shall inquire, in camera, whether there is a prima facie case for the removal of the President.
(7) Where a notice under rule (2) is delivered to the Chief Justice in respect of the removal from office of the President on the grounds of physical or mental incapacity, the Chief Justice shall cause a medical board to be convened in consultation with the professional head of the Ghana Health Service.
(8) The medical board shall consist of not less than four eminent medical specialists and the President shall be informed accordingly.
(9) The President shall be invited to submit himself or herself for examination by the medical board within fourteen days after the appointment of the board.
(10) The President is entitled during the proceedings of the tribunal or the medical board to be heard in defence in person or by a lawyer or other expert or person as selected by the President.
(11) The Rules of Court Committee shall make rules by constitutional instrument for the practice and procedure of the tribunal or of the medical board for the removal of the President.
(12) Where the tribunal or the medical board specified in rules (5) and (7) determines that there is prima facie case for the removal of the President or that the President is by reason of physical or mental incapacity unable to perform the functions of the office, the findings shall immediately be submitted to the Speaker of Parliament through the Chief Justice and copied to the President.
(13) Parliament shall, within fourteen days after the date of the findings of the tribunal or medical board, move a resolution on whether or not the President shall be removed from office.
(14) The resolution for the removal from office of the President shall be by secret ballot and shall be taken to be approved by Parliament if supported by the votes of not less than two-thirds of all the Members of Parliament after prior debate.
(15) The proceedings of Parliament for the removal of the President shall not be held in camera except where Parliament otherwise orders in the interest of national security.
(16) The President shall cease to hold office as President on the date Parliament decides that the President be removed.
(17) These Rules apply to the removal from office of the Vice-President.
Removal of the Speaker or Deputy Speaker (cf. article 95 (2) (d) of the Constitution)
137. (1) The Speaker shall be removed from office by a resolution of Parliament
supported by not less than three-quarters of all the Members of Parliament.
(2) The request for the removal of the Speaker shall be submitted to the Clerk in the form of a motion signed by not less than one-half of all the members of Parliament.
(3) The motion shall be accompanied with a statement in writing setting out in detail the facts, supported by the necessary documents, on which it is claimed that the Speaker be removed from office.
(4) The Clerk shall give notice of the motion within fourteen days after the date of receipt.
(5) The House shall refer the motion to an Ad hoc Committee to determine, in camera, whether there is a prima facie case for the removal of the Speaker.
(6) The Speaker is entitled to be heard in defense before the ad hoc Committee, either in person or by a representative.
(7) The Ad hoc Committee shall report to the House and notice of a motion for the removal of the Speaker shall be given within two days after presentation of the report of the Committee.
(8) The Motion shall be debated in Parliament and the resolution for the adoption of the Motion shall be supported by the votes, in a secret ballot, of not less than three-quarters of all the Members of Parliament.
(9) The Speaker in respect of whom proceedings for removal have commenced shall not preside over the proceedings.
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(10) The Speaker shall cease to hold office as Speaker on the date Parliament decides that the Speaker be removed.
(11) The provisions of this Order shall apply in the case of the removal of a Deputy Speaker.
Vote of censure on Minister (cf. article 82 of the Constitution)
138. (1) A Motion for a vote of censure on a Minister of State shall be moved in the following manner:
(a) seven days’ notice, signed by not less than one-third of the Members of Parliament, shall be given;
(b) the Motion shall be debated in Parliament within fourteen days after receipt by the Speaker to determine, in secret ballot, by the votes of two-thirds of the Members of Parliament, whether there is a prima facie case to be investigated;
(c) where Parliament determines that there is a prima facie case to be investigated, the Speaker shall refer the matter to a Committee to investigate and report to the House;
(d) the hearing of the Committee shall be in public;
{e) the Minister is entitled to be heard in defence in person or by a lawyer or any other expert or person of the choice of the Minister;
(J) Parliament shall debate the report of the Committee and may pass a vote of censure on the Minister by a resolution supported by the votes of not less than two-thirds of the members of Parliament, in secret ballot.
(2) This Order applies to a vote of censure on a Deputy Minister as it applies to a Minister of State.
Voting in the House
Voting in Parliament (cf. article 104 of the Constitution)
139. (1) Subject to the Constitution and these Orders, a Question shall be determined by the votes of the majority of Members present and voting with at least half of the Members of Parliament present.
(2) The Speaker shall have neither an original nor a casting vote.
(3) A Deputy Speaker or a Member presiding shall have a vote.
(4) Where on any Question before the House the votes are equally divided, the Motion shall be considered lost.
(5) Voting in the House may be by electronic or manual means.
Secret voting
140. (1) There shall be secret voting in the House in respect of
(a) a Bill to amend any provision of the Constitution; and
(b) the election or removal of a person holding office under the Constitution or under any other law.
Procedure for secret voting
141. (1) For purposes of secret voting, the following procedure shall apply:
(a) At the conclusion of the debate on a Motion, business shall be suspended in order to allow for the clearing of the lobbies and preparation of the Chamber for secret voting;
(b) The Marshal shall ensure that every stranger and person ineligible to vote, leaves the debating Chamber on the direction of the Speaker;
(c) A bell shall be rung to alert Members of the resumption of business;
(d) There shall be a ballot box, which shall be accessible by a person with disability;
(e) The Speaker shall direct that the empty ballot box be shown to Members and sealed appropriately in the view of Members;
(0 Each Member shall be provided with a ballot paper on which appears the names of nominees, including the options, AYE, NO and ABSTENTION;
(g) Each ba 11 ot paper shal I bear the stamp and the i n itials or signature of the Speaker;
(h) Members shall be called in alphabetical order to collect ballot papers from the Clerks-at-the-Table;
(i) Againstthenameof each nominee shal I bethreecolumns,onefor AYE indicating approval, NO indicating rejection and the third column indicating ABSTENTION;
(j) Across against a name in more than one column shall render the vote invalid;
(k) After each Member present has voted, the Speaker shall direct the Clerks-at-the-Table that the ballot box be brought to the despatch Box for the counting of the ballots;
(l) The Speaker shall invite the Leadership of the caucuses to designate a Teller or caucus representative to observe the counting process;
(m) The Speaker shall direct the Marshal and the Parliamentary Protection Unit to secure the Chamber, the entrances, and the despatch box area to prevent Members, strangers or any other person from disrupting the counting process;
(n) The ballot box shall be opened by the Clerks-at-the-Table at the despatch
fqoi
box;
(0) The Clerks-at-the-Table shall sort, count, audit and record the votes in the presence of Tellers of the caucuses;
(p) The Tellers and the Clerk shall sign-off the result before presenting it to the Speaker;
(q) The Speaker shall declare the results as presented;
(r) An equality in the result of the votes on the Motion shall be deemed lost.
(2) At the First Sitting of a new Parliament,
(a) the Clerk to Parliament shall conduct the election of the Speaker; and
(b) each ballot paper shall bear the stamp and initials of the Clerk.
(3) The ballot papers shall be kept in archive boxes, sealed and stored in a safe.
(4) The archived boxes may only be opened by an order of the Speaker or a court of competent jurisdiction.
(5) Where voting is in respect of a Bill to amend any provision of the Constitution, the short title of the Bill shall be indicated on the ballot paper in place of the name of a person.
Voting for the removal of the President or Vice-President from office (cf. articles 60(14) & 69)
142. The provisions of Order 136 apply to this Order.
Voting for removal from office of the Speaker or Deputy Speaker (cf. article 95 [2](d) & 96[3])
143. The provisions of Order 137 apply to this Order.
Vote of censure of Minister or Deputy Minister (cf. article 82)
144. The provisions of Order 138 apply to this Order.
Voting for the ratification of treaties (cf. article 75)
145. A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by
(a) an Act of Parliament; or
(b) a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.
Voting in respect of waiver of taxes (cf. article 174[3])
146. Parliament may exempt the exercise of any power from the provisions of clause (2) of article 174 of the Constitution by a resolution supported by the votes of not less than two-thirds of all Members.
Voting to approve loan and international business transaction (cf. article 181 [1] & [5])
147. (1) Parliament may, by a resolution supported by the votes of a majority of all Members, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.
(2) Article 181 of the Constitution shall apply, with the necessary modification by
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Parliament, to an international business or economic transaction to which the Government is a party as it applies to a loan.
Voting to amend a non-entrenched provision of the Constitution (cf. article 291 [3])
148. Where Parliament considers a Bill to amend a non-entrenched provision of the Constitution, the Bill may only be presented to the President for assent if the Bill was approved at the Second and Third Readings in Parliament by the votes of at least two-thirds of all the Members Parliament.
Declaration of personal interest in a contract (cf. article 104 (5) of the Constitution)
149. (1) A Member who is a party to, or a partner in, a firm which is a party to a contract with the Government shall declare the Member’s interest and shall not vote on any question related to the contract.
(2) A Member who has an interest in or is a party to a contract shall declare that interest in writing to the Speaker prior to the commencement of a debate on the contract.
(3) The Member who is a party to, or a partner in a firm in a contract with the Government, shall not be present at or participate in the deliberations on the contract.
(4) A Member who fails to disclose that interest or takes part in the decision or deliberation without disclosing that interest, shall be referred to the Committee of Privileges and Immunities for investigation.
Unqualified person sitting or voting (cf. article 105 of the Constitution)
150. A person who sits or votes in Parliament knowing or having reasonable grounds for knowing that that person is not entitled to do so, commits an offence and is liable on summary conviction to the penalty prescribed by or under an Act of Parliament.
Procedure for Voting
Voting by Members
151. (1) When the Question has been put by the Speaker at the conclusion of a debate, the votes shall be taken by voice or electronic means indicating
(a) “Aye”;
(b) “No”; or
(c) Abstention
but the Speaker may call for a headcount instead of declaring the result on the votes.
(2) A Member may call for headcount if the opinion of the Speaker on the voice vote
is challenged.
Procedure for Headcount
152. (1) The Speaker shall take the vote of the House in the case of a headcount by calling upon Members who support or oppose the Question to rise in their places successively.
(2) A Member may vote on any Question put even if the Member did not participate in the deliberation on the matter.
(3) A Member is not obliged to vote and may abstain from voting and the decision shall be recorded.
(4) The Clerk shall communicate the collated results to the Speaker for announcement.
(5) Where a Deputy Speaker or Member is presiding, the Deputy Speaker or Member shall communicate his personal vote to the Clerk-at-the-Table to be added to the collated results before the results of the votes are declared.
(6) Where a Member rises to challenge the result of the headcount, the Speaker shall call for a Division.
Procedure on Division
153. (1) The Speaker shall direct that the lobbies be cleared in the case of a Division, and the Division bells shall be rung for one minute.
(2) The Speaker shall invite the Leadership of the Majority, Minority, or Independent caucuses to appoint two Tellers each to observe the division process, after a lapse of five minutes.
(3) The Speaker shall announce the names of Division Clerks and the Tellers.
(4) The names of Members voting in a Division in the House shall be recorded by the Division Clerks before Members proceed through the Ayes, Noes and Abstentions lobbies.
(5) The Members shall be counted by the Tellers as they proceed through the Ayes, Noes and Abstentions lobbies.
(6) The Division Clerks shall submit the figures to the Clerk who shall write them on the appropriate form at the conclusion of voting.
(7) If the Tellers disagree, the Clerk shall inform the Speaker of the disagreement
who shall then direct that another Division be held.
(8) The Clerk shall hand over the figures to the Speaker who shall state the number of Members voting for the AYES, NOES, or ABSTENTION and then declare the results
of the Division.
(9) Where a Member is incapacitated by some physical infirmity from passing through the lobbies, the member shall, report the incapacity to the Speaker through the Clerk and upon verification, be counted and recorded.
(10) If a Member states that he voted in error or that his vote was counted wrongly, the Member, may request that the vote be corrected or counted before the Speaker declares the results.
(11) Where the numbers in a Division are equal, the Motion shall be considered lost.
(12) Where a Deputy Speaker is presiding, the Deputy Speaker shall indicate a personal vote through the Clerk-at-the-Table, which vote shall be counted and recorded accordingly.
Division unnecessarily claimed
154. Despite rule (1) of Order 153 the Speaker may, if in the opinion of the Speaker a division has been unnecessarily claimed, take the vote of the House, by calling upon the Members who support or who oppose the decision of the Speaker to rise and be counted, upon which the Speaker shall declare the decision of the House or direct that a division be held.
Technical failure, confusion or error occurring in electronic voting
155. The Speaker may direct the House to another round of electronic voting, or proceed to a headcount or Division in the event of a technical failure, confusion or error occurring in the course of electronic voting which in the opinion of the Speaker cannot otherwise be corrected.
Bills
Explanatory Memorandum on Bills (cf article 106(2) (a) of the Constitution)
156. (1) A Bill, other than a Bill referred to in paragraph (a) of article 108 of the Constitution, shall be accompanied with an explanatory memorandum setting out in detail the policy and principles of the Bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for the introduction of the Bill in the House.
(2) The Bill shall be accompanied with a Fiscal Impact Analysis stating the estimated
effect on revenue and expenditure fur the financial year in which the legislation or
proposal is expected to come into effect.
(3) The explanatory memorandum to the Bill shall be signed by the Sponsor.
Title of Bills and division into clauses
157. (1) A Bill shall be distinguished by a title and shall be divided into successive clauses consecutively numbered under headings.
(2) Every clause shall have a headnote that provides a short indication of the content of the clause.
Subject matter of Bills
158. (1) Matters without a proper relation to each other shall not be provided for in the same
Bill.
(2) A Bill shall not contain anything unrelated to what the Long Title of the Bill imports.
Presentation of Bills and Gazette notification (cf. article 106(2) of the Constitution)
159. (1) Subject to the Constitution and except as provided for in Orders 160 and 162, a Bill shall not be introduced in the House unless the Bill has been published in the Gazette at least fourteen days before the date of the introduction of the Bill.
(2) A Minister, Member or Chairperson of a Committee may introduce a Bill of which the Minister, Member or Chairperson of a Committee has given notice.
(3) A Bill shall be presented in the House when sufficient copies of the Bill has been received in the Office of the Clerk for distribution to Members.
(4) The Clerk to Parliament shall ensure that a Bill is published on the website of Parliament within seven days after the Bill has been presented in the House.
Urgent Bills (cf article 106 (13) of the Constitution)
160. (1) A Sponsor may submit a Bill to Parliament without publication in the Gazette where the sponsor of the Bill considers the Bill to be of an urgent nature.
(2) The Speaker shall refer a Bill to the appropriate Committee for determination of
the urgency or otherwise after the presentation and First Reading.
(3) Where the Committee determines that the Bill is of an urgent nature, the Committee shall inform the House by a report.
(4) Where it is determined by the appropriate Committee of the House that a particular
Bill is of an urgent nature, the provision of article 106(13) shall apply and the Bill may be
taken through all the stages in one day.
(5) Where the Committee determines that the Bill is not of an urgent nature, the Committee shall report that determination to the House and the relevant provisions of the Constitution and these Orders shall apply.
Bills affecting chieftaincy (cf. articles 106 (3) of the Constitution)
161. (1) A Bill affecting the institution of chieftaincy shall not be introduced in Parliament without prior reference to the National House of Chiefs.
(2) A sponsor of a Bill affecting chieftaincy shall submit to Parliament evidence of prior reference to the National House of Chiefs.
Bills relating to settlement of financial matters (cf. article 108 of the Constitution)
162. (1) Parliament shall not, unless the Bill or the Motion is introduced by, or on behalf of, the President,
(a) proceed upon a Bill including any amendment to a Bill, that, in the opinion of the person presiding, makes provision for any of the following:
(i) the imposition of taxation or the alteration of taxation otherwise than by reduction;
(ii) the imposition of a charge on the Consolidated Fund or other public funds or the alteration of any such charge otherwise than by reduction;
(Hi) the payment, issue or withdrawal from the Consolidated Fund or other public funds of any moneys not charged on the Consolidated Fund or any increase in the amount of that payment, issue or withdrawal; or
(iv) the composition or remission of any debt due to the Government of Ghana; or
(b) proceed upon a Motion, including an amendment to a Motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in paragraph (a) of this Order.
(2) Where a Bill is introduced in Parliament under article 108 and Order 160, the provision of article 106(2) of the Constitution may not apply.
First Reading of Bills
163. (1) The Speaker shall call successively each sponsor in whose name a Bill stands on the Order Paper at the time for presentation of a Bill, and the Sponsor called shall rise and bow to the Chair.
(2) The Clerk shall read aloud the Long Title of the Bill which shall then be considered as read the First Time.
(3) After the presentation of a Bill, a Member may ask the Sponsor to offer a short explanatory statement on the Bill and the Sponsor shall comply.
(4) The text of the Bill and the explanatory memorandum shall be incorporated into the Official Report.
Gazette publication of Urgent Bills
164. Where a Bill introduced under Order 160 has been read the First Time without prior publication in the Gazette, the Bill shall be published within twenty-four hours or as soon as practicable.
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Referral of Bill to Committee (cf. article 106 (4) of the Constitution)
165. Where a Bill is read the hirst lime in the House, the Bill shall be referred to the appropriate Committee appointed under article 103 of the Constitution and Orders 206 and 207 and the Committee shall examine the Bill in detail and make any enquiries in relation to the Bill as the Committee considers necessary.
Report on Bills (cf. article 106 (5) of Constitution)
166. Where a Bill has been deliberated upon by the appropriate Committee, that Committee shall submit a report on the Bill to the House.
Second Reading of Bills (cf. article 106 (6) of Constitution)
167. (1) When a Motion is moved “that a Bill be now read a Second Time”, a full debate shall ensue on the basis of the explanatory memorandum and the report from the relevant Committee.
(2) The debate on the Motion for the Second Reading shall also relate to the Fiscal Impact Analysis of the Bill and the effect on the economy generally.
(3) Where the Motion is carried, the Clerk shall read aloud the Long Title of the Bill,
which shall then be considered as read a Second Time.
Winnowing
168. (1) Where a Bill has been read a Second Time and substantial amendments have been proposed and published on the Order Paper, the Speaker may refer the proposed amendments for winnowing.
(2) The Sponsor, or a Member in whose name an amendment stands, may participate in the winnowing process to justify the amendments during winnowing.
(3) Proposed amendments disagreed to at winnowing may be excluded from the amendments listed on the Order Paper for consideration by the House.
Consideration Stage of Bills
169. (1) When a Bill has been read a Second Time, the Bill shall pass through a Consideration Stage in the House which shall ordinarily not be taken until at least two sitting days have elapsed.
(2) At the Consideration Stage of a Bill, the House shall not debate the policy and principles of the Bill but only the provisions of the Bill.
(3) At the Consideration Stage,
(a) the Mace shall stand tilted before the Table and a Member may speak more than once to any Question proposed;
(b) a Member may sit at any seat convenient for the purpose of participating in the Consideration Stage;
(c) the House may effect such amendments as the House considers necessary, except that the amendments including new clauses and new schedules shall comply with the following:
(i) the amendment must be relevant to the subject-matter of the clause to which the amendment relates;
(ii) the amendment must not be inconsistent with any clause already agreed to or any decision already taken by the
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House; and
(iii) the amendment, if not intelligible without a subsequent amendment, notice of the subsequent amendment, unless the Speaker permits otherwise, shall be given before or when the first amendment is moved, so as to make the series of amendments intelligible; and
(c) an amendment shall be consistent with the Long Title of the Bill and where the amendment is not, and the amendment is agreed to, the Long Tide shall accordingly be amended.
Procedure at Consideration Stage of Bills
170. (1) At the Consideration Stage of a Bill,
(a) the Speaker shall call the number of each clause and the Clerk shall read the headnotes of each clause, if no amendment is proffered, the Speaker shall put the question, “ That clause… stands part of the Bill” after each clause has been called;
(b) where a Member rises when a clause is called to indicate that the Member intends to move an amendment, the Speaker shall not put the question on the clause until the Member has been heard;
(c) any amendment proposed to an amendment shall be dealt with before a decision is taken on the original amendment.
(d) where an amendment on the Order Paper exceeds four lines, it shall not be necessary for the Member moving the amendment or the Speaker, in putting the Question, to read out the amendment, if the place in the Order Paper where the amendment appears is pointed out;
(e) after the clause has been considered and after any proposed amendment to it has been agreed to or negatived, the Speaker shall put the question “ That clause… (or clause… as amended) stands part of the Bill”;
(f) the consideration of the Schedule, and the Long Title shall follow the consideration of the clauses, including new clauses, and the procedure prescribed in this Order shall be followed with the necessary modifications;
(g) the consideration of a clause in a Bill as printed may be deferred, unless on an amendment to it a question has been fully put by the Speaker;
(h) the deferred clauses shall be considered at a date that the Speaker may direct;
(i) new clauses may be considered at the appropriate places in the Bill, or they may be deferred for consideration until after the clauses in the Bill as printed have been considered;
(j) when the headnote of a new clause is read by the Clerk, the clause shall be taken as read the First Time. The question shall then be proposed, “ That the clause be read a Second Time,” and if it is agreed to, amendments may then be proposed to the new clause;
(k) the final question to be proposed shall be “ That the clause or the clause as amended be added to the Bill”;
(l) new Schedules shall be considered and treated in the same manner as new clauses; and
(m) when a new clause or Schedule has been agreed to by the House or amended and agreed to, the new clause or Schedule shall be deemed as having been considered by the House.
(2) The Parliamentary Draftsperson shall ensure that amendments agreed to at each sitting day are captured accurately, appropriately and incorporated in the Bill.
(3) At the end of the Consideration Stage of a Bill, the Clerk shall cause to be incorporated in the Bill, the amendments agreed to by the House, where practicable, and make available the amended Bill to Members before the Third Reading of the Bill.
Second Consideration of Bills
171. (1) Where a Member intends to delete, amend or introduce a provision in a Bill which has passed through the Consideration Stage, the Member may, immediately before a sponsor rises to move the motion for the Third Reading of the Bill, move that the Bill passes through a second Consideration either wholly or in respect of a particular part or parts of the Bill or some proposed new clause or new Schedule.
(2) Notice of this Motion is not required and if the Motion is agreed to, the Bill shall immediately pass through a second Consideration.
(3) Where the whole Bill has been ordered to pass through a second Consideration, the House shall go through the Bill in the manner provided for in Order 170.
(4) Where a Bill has been ordered to pass through a second Consideration in respect of a particular part or parts of the Bill or some proposed new clause or new Schedule, the House shall consider that relevant provision and any amendment which may be proposed to the Bill.
Third Reading of Bills
172. (1) Where a Bill has passed through the Consideration Stage, the Third Reading shall not be taken until at least one sitting day has elapsed.
(2) Upon a Motion “ That the … Bill be now read the Third Timed any Member may move an amendment to delete the words “read, the Third Time” and to insert the word “rejected” and to move a reasoned amendment, stating the object and motive on which the opposition to the Bill is based, but the Motion must be strictly relevant to the Bill.
(3) The Clerk shall read aloud the Long Title of the Bill, if the Motion for the Third Reading is agreed to, and the Bill shall then be taken as read the Third Time and passed.
(4) A Motion for the Third Reading of a Bill shall not be made on the same day as the Second Reading, except as provided for in Order 160.
Withdrawal of Bills
173. (1) A sponsor may withdraw a Bill by leave of the House.
(2) Where a sponsor of a Bill withdraws a Bill and intends to reintroduce the Bill, the provisions of Order 159 shall apply.
Passing of Bills
174. Subject to articles 106(13) and 290(4) and (5) of the Constitution, a Bill shall not be taken as passed by the House unless the Bill has been
(a) presented and read the First Time, and referred to the appropriate Committee;
(b) read a Second Time,
(c) passed through the Consideration Stage, and
(d) read the Third Time.
Authentication and certification of Bills
175. (1) As soon as a Bill is passed by Parliament, the text of the Bill as passed, together with the explanatory memorandum, shall be sent by the Clerk to the Government Printer.
(2) The Government Printer shall print at least four copies of the Bill on vellum paper or on paper of enduring quality and return the copies to the Clerk.
(3) On receipt of the copies, the Clerk shall ensure that the text compare correctly with the Bill as passed, and if the Clerk finds the copies to be correct, sign a statement on each copy as set out in Form 1 in the Seventh Schedule and the authenticated copies shall be sent to the President for assent.
(4) Where the Bill was passed in accordance with the relevant provisions of article 108 of the Constitution, the Clerk shall, before causing the copies to be presented to the President, submit the copies to the Speaker who, if satisfied that the Bill was passed in accordance with the Constitution, shall sign on each copy, a certificate as set out in Form 2 in the Seventh Schedule.
(5) After the assent, the Clerk shall enter on the copies the appropriate number of the
Act.
(6) Original copies of the Act shall be kept respectively by the President, the Speaker, the Chief Justice and the Public Records and Archives Administration Department.
(7) Acts of Parliament shall continue to be numbered consecutively from the establishment of the First Republic in accordance with the order in which they become Acts, and the numbering shall not begin afresh at the commencement of a calendar year, a new Parliament or any other period.
(8) Immediately after the Gazette notification of an Act, the Government Printer shall submit a copy of the Gazetted Act to Parliament.
(9) The Clerk to Parliament shall ensure the publication of the Gazetted Act on the official website of Parliament within twenty-eight days after the Gazette notification.
Presidential assent (cf. article 106 (7) to (11) of the Constitution) and consideration by the Council of State.
176. (1) A Bill passed by Parliament shall be presented to the President for assent and the President shall, signify to the Speaker within seven days after the presentation that the President assents to the Bill or refuses to give assent unless the Bill has been referred by the President to the Council of State under article 90 of the Constitution.
(2) Where the President refuses to assent to a Bill the President shall, within fourteen days after the refusal,
(a) state in a memorandum to the Speaker any specific provisions of the Bill which in the opinion of the President, should be reconsidered by Parliament including recommendations for amendments if any; or
(b) inform the Speaker that the Bill has been referred to the Council of State for consideration and comments or that the Council is considering the Bill.
(3) The Speaker shall, on receipt of the recommendations of the President, refer the memorandum to the relevant Committee which originally dealt with the Bill, and the Committee shall reconsider the Bill in accordance with the recommendations of the President and report to the House within fourteen days after the reference.
(4) Parliament sha 11 reconsider the Bi 11 taking i nto account the report of the Comm ittee and the comments made by the President or the Council of State.
(5) Where a Bill reconsidered under this Order is passed by Parliament by a
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resolution supported by the votes of not less than two-thirds of the Members of Parliament, the President shall assent to the Bill within thirty days after the passing of the resolution.
(6) Without limiting the power of Parliament to postpone the operation of a law, a Bill does not become law until it has been duly passed and assented to in accordance with the provisions of the Constitution and shall not come into force unless it has been published in the Gazette.
Bills on financial settlements (cf article 106 (12) of the Constitution)
177. Any Bill on a financial matter certified to be a Bill on financial settlement by the Speaker shall be assented to by the President when presented for assent.
Time limit for consideration of Bills at Committee (cf article 106 (14) of the Constitution)
178. A Bill introduced in Parliament by or on behalf of the President shall not be delayed for more than three months in any Committee of the House.
Retroactive legislation (cf article 107 of the Constitution)
179. Parliament shall have no power to enact a law
(a) to alter the decision or judgment of any court as between the parties subject to the decision or judgment; or
(b) which operates retrospectively to impose any limitations on, or to adversely affect the personal rights and liberties of any person or to impose a burden, obligation or liability on any person except in the case of a law enacted under articles 178 to 182 of the Constitution.
Private Member’s Bill and Private Member’s Motion
Initiating Private Member’s Bill
180. (1) A Member or a Committee that intends to introduce a Private Member’s Bill shall submit the policy objective intended to be achieved by the proposed law and the method to achieve the policy objective in writing, to the Clerk to Parliament in clear language.
(2) Where a Member makes a Statement, the Speaker, considering the comments on the Statement, may direct a Committee to investigate and enquire into the matter and where necessary, propose a Bill.
Form for initiating a Private Member’s Bill
181. (1) A Sponsor shall complete a Form as set out in the Seventh Schedule which shall be delivered to the Clerk to Parliament.
(2) The Form shall be accompanied with
(a) a report or Statement made in Parliament on the issues to be addressed,
(b) relevant legal opinions,
(c) references to existing legislation and indication of consequential amendments,
(d) transitional or savings provisions,
(e) date of commencement, if any,
(j) a Fiscal Impact Analysis stating the estimated effect on revenue and expenditure for the financial year in which the legislation or proposal is expected to come into effect in accordance with the Public Financial Management Act, 2016 (Act 921), and
(g) evidence of referral to the National House of Chiefs in accordance with Order 161, where applicable.
Referral to Parliamentary Draftsperson
182. (1) The Clerk shall refer the completed Form and accompanying documents to the Parliamentary Draftsperson to ascertain whether the proposal is in conformity with the relevant Constitutional provision, particularly article 106(2) and 108.
(2) The Parliamentary Draftsperson shall also ascertain whether
(a) the proposal complies with these Orders; and
(b) in the opinion of the Parliamentary Draftsperson
(i) an existing enactment does not address the defect referred to in the proposal;
(ii) the proposal may adequately be addressed by an amendment to an existing enactment;
(Hi) the proposal may be effectively dealt with by a subsidiary legislation;
(iv) the proposal is substantially similar to the subject-matter of a pending Bill; or
(v) the proposal may only be effected by a completely new Bill.
(3) The Parliamentary Draftsperson shall, submit a legal opinion to the Speaker, the Clerk and the Sponsor on whether the proposal is in accordance with rules (1) and (2), within thirty days of receipt of the proposal.
Urgent Private Member’s Bill
183. (1) The Sponsor shall submit the proposed Bill directly to the Speaker, where the Sponsor is of the opinion that the proposal is of an urgent nature.
(2) The Speaker shall refer the proposed Bill to the Committee on Private Member’s Bill and Private Member’s Motion for a determination of the urgency or otherwise of the proposal.
(3) Where that Committee determines that the proposed Bill is of an urgent nature, the Parliamentary Draftsperson shall provide a draft of the Bill within fourteen days.
Drafting and submission of the Bill
184. (1) The Parliamentary Draftsperson shall assist the Sponsor by drafting the proposal into a Bill if the proposal is approved by the Clerk.
(2) The Parliamentary Draftsperson shall submit six copies of the draft and the explanatory memorandum signed and dated by the Sponsor to the Clerk on completion of the draft.
(3) Where the Bill is being introduced by more than one Sponsor, in the case of
(a) individual Members, each Member shall sign and date the explanatory memorandum; or
(b) Committees, the chairperson of each Committee shall sign and date the explanatory memorandum
and the date of the last signature indicated in the explanatory memorandum shall be considered as the date on which the explanatory memorandum was signed.
Transmission of the Bill
185. The Clerk shall keep one copy of the Bill and transmit a copy each to the following:
(a) the Speaker;
(b) the Committee on Private Member’s Bill and Private Member’s Motion; and
(c) the Sponsor;
Consideration by Committee and Gazette publication
186. (1) The Committee on Private Member’s Bill and Private Member’s Motion shall consider and advise the Speaker on whether the Bill complies with relevant Constitutional provisions.
(2) The Committee, in considering a Private Member’s Bill, shall be guided by the following:
(a) the defect that the Bill seeks to remedy;
(b) the general necessity and demand for the policy in the public interest; and
(c) any other matter that the Committee considers relevant.
(3) Where the Committee determines that the Bill complies with the relevant Constitutional provisions, the Committee shall
(a) submit a report to the Speaker, and the Speaker may direct the Clerk to arrange for the signed and dated copy of the Bill to be published in the Gazette; and
(b) notify the Sponsor in writing.
(4) Where the Bill does not satisfy the Constitutional provisions, the Committee shall advise the Speaker, in writing, stating reasons for the determination.
(5) Where the Speaker determines that the Bill does not satisfy the Constitutional provisions, the Speaker may direct the Clerk to inform the Sponsor, in writing, stating the reasons.
Presentation of Private Member’s Bill
187. (1) The procedure for the introduction of a Bill as specified in these Orders shall apply to the introduction of a Private Member’s Bill.
(2) On the introduction of a Private Member’s Bill, the Speaker shall communicate to the House an opinion on whether the Bill complies with article 108 of the Constitution.
Consideration of a Private Member’s Bill
188. (1) The procedure for passing a Bill as specified in these Orders shall apply to a Private Member’s Bill.
(2) The Sponsor is responsible for promoting the passage of the Bill through the various stages in the House.
(3) Where the Bill is introduced by more than one Sponsor, the Sponsors are jointly responsible for promoting the Bill through the various stages in the House.
Withdrawal of a Private Member’s Bill
189. A sponsor may withdraw a Private Member’s Bill in accordance with Order 173.
Limitation on number of Private Member’s Bill
190. A Member shall not introduce more than two Private Member’s Bills within a Session.
Arrangement of Private Member’s Bill and Private Member’s Motion
191. (1) The House shall allot two hours each Friday and any other day for the consideration of Private Member’s Bill and Private Member’s Motion.
(2) Despite rule (1), the Speaker may extend the period for the consideration of Private Members’ Bill or Private Member’s Motion, having regard to the state of business in the House.
Private Member’s Motion
192. Subject to Order 233 on the Committee on Private Member’s Bill and Private Member’s Motion, the provisions on the consideration of Motions as specified in these Orders shall apply to a Private Member’s Motion.
Financial Procedure
President to submit annual budget statement (cf. article 179 (1) of the Constitution)
193. The President shall cause to be prepared and laid before Parliament at least one month before the end of the financial year, estimates of the revenue and expenditure of the Government of Ghana for the following financial year.
Submission of estimates for periods of over one year (cf. article 179 (10) of the Constitution)
194. Despite Order 193 the President may cause to be prepared and laid before Parliament estimates of revenue and expenditure of the Government of Ghana for periods of over one year.
Presentation of annual budget statement
195. (1) The Statement of the estimated revenue and expenditure of the Government in respect Of each financial year, referred to in these Orders as the “Budget Statement and Economic Policy of the Government”, shall be presented to the House on a day as the Business Committee shall determine.
(2) The Budget Statement and Economic Policy of the Government shall be presented to the House by the Minister responsible for Finance on behalf of or on the authority of the President and in a form the House may determine.
(3) Whenever a Motion “ That this House approves the Budget Statement and Economic Policy of the Government for the year ending… ” is moved by the Minister responsible for Finance, the debate on it shall stand adjourned for not less than three days.
(4) The part of the Budget Statement and Economic Policy of the Government and the Heads of Estimates that relate to the Ministries, Departments, Agencies, Parliament, the Judiciary and other Independent Constitutional Bodies shall sLand committed to the relevant Committees that have responsibility for the subject matter and each Committee shall consider the relevant part of the Budget and the Head of Estimates committed to that Committee and report to the House within a time as the Business Committee may determine.
(5) Any other part of the Budget Statement and Economic Policy of the Government that relates to revenue and expenditure shall stand committed to the Finance Committee which shall consider and report to the House within a time as the Business Committee may determine.
Annual estimates
196. (1) The Statement of estimates of the revenue and expenditure shall contain the details of the estimated financial requirements for expenditure, other than expenditure charged by law on a public fund or on the general revenues and assets, on every service of Government for the following financial year.
(2) Where the Minister responsible for Finance considers that the presentation and circulation of certain financial requirements at the time prescribed for them will be prejudicial to the public interest, the presentation and circulation of the details maybe delayed, with the written permission of the Speaker, until the Minister responsible for Finance has moved the Motion referred to in rule (3) of Order 195.
Authorisation of expenditure (cf. article 179 (2) of the Constitution)
197. The Estimates of the expenditure of every public office and public corporation, other than those set up as a commercial venture,
(a) shall be classified under programmes or activities included in a Bill to be known as an Appropriation Bill and introduced into Parliament to provide for the issue from the Consolidated Fund or any other appropriate fund of the sums of money necessary to meet that expenditure and the appropriation of those sums for the purpose specified in the Bill; and
(b) shall be laid before Parliament for the information of Members in respect of payments charged on the Consolidated Fund.
Supplementary Estimates (cf article 179 (8) of the Constitution)
198. Where it is found that the amount of money appropriated by the Appropriation Act for any purpose in respect of a financial year is insufficient or that a need has arisen for expenditure for a purpose for which no sum of moneys has been appropriated by that Act, a supplementary estimate showing the sum of money required shall be laid before Parliament.
Supplementary Appropriation Bill (cf article 179 (9) of the Constitution)
199. Where a supplementary estimate has been approved by Parliament in respect of a financial year in accordance with Order 198, a Supplementary Appropriation Bill shall be introduced in Parliament in the next financial year after the financial year to which the estimate relates, which shall provide for the appropriation of the sums approved for the purpose specified in that estimate.
Expenditure in Advance of Appropriation (cf article 180 of the Constitution)
200. (1) Where it appears to the President that the Appropriation Act in respect of any financial year will not come into operation by the beginning of that financial year, the President may authorise the withdrawal of moneys from the Consolidated Fund to meet the expenditure necessary to carry on the service of Government in respect of the period expiring three months from the beginning of the financial year or on the coming into operation of the Act whichever is earlier.
(2) The expenditure in advance of appropriation shall be with the prior approval of Parliament supported by a resolution.
Debate of the Budget
201. (1) On a day to be determined by the Business Committee after the Budget Statement and Economic Policy of the Government is presented and at a time that the Business Committee may allot for the purpose, the House shall debate the Budget Statement and Economic Policy of the Government.
(2) At the conclusion of the debate on the Motion on the Budget Statement and Economic Policy, the House shall consider the reports submitted by the various Committees referred to in rules (4) and (5) of Order 195.
(3) The Business Committee shall
(a) allot as many days as maybe required for the consideration of the Budget Statement and Economic Policy; and
(b) determine the time for the consideration of the Heads of Estimates.
Procedure for Supplementary Estimates
202. Supplementary estimates shall be regulated by the procedure provided for in these Orders for the Budget Statement and Economic Policy.
Procedure for Appropriation Bill
203. (1) The procedure for passing an Appropriation Bill shall be the same as for Bills generally.
(2) At any time after the introduction in the House of an Appropriation Bill, the Business
Committee may allot a number of days for the completion of any of the stages involved in the passage of the Bill in the House.
Committees of Parliament
Appointment and composition of Committees (cf article 103 of the Constitution)
204. (1) At the first meeting of the first session of Parliament, there shall be appointed Standing and Select Committees of the House for the effective and efficient exercise of the powers and performance of the functions of Parliament in accordance with article 103 of the Constitution.
(2) Parliament shall appoint a Committee of Selection to compose the membership of Standing, Select and other Committees.
Committee of Selection
205. (1) The Committee of Selection shall comprise the Speaker as Chairperson and not more than twelve Members of Parliament.
(2) The Committee of Selection shall prepare and report to the House within the first ten sitting days after appointment, the list of Members to compose the Standing and Select Committees of the House.
(3) The Committee of Selection may review the composition of Committees where necessary and report to the House.
Standing Committees
206. Parliament shall appoint the following Standing Committees:
(a) Committee of Selection;
(b) Business Committee;
(c) Appointments Committee
(d) Committee of Privileges and Immunities;
(e) Standing Orders Committee;
(j) Committee on Subsidiary Legislation;
(g) House Committee;
(h) Committee on Petitions;
(i) Committee on Office of Profit;
0) Committee on Assurances;
(k) Finance Committee;
(l) Public Accounts Committee;
(m) Committee on Economy and Development;
(n) Committee on Ethics and Standards;
(o) Committee on Ways and Means;
(p) Committee on Private Member’s Bill and Private Member’s Motion;
(q) Committee on Human Rights;
(r) Budget Committee; and
(s) Committee on Backbenchers’ Business.
Select Committees
207. Parliament shall appoint the following Select Committees:
(a) Committee on Gender, Children and Social Welfare;
(b) Committee on Constitutional and Legal Affairs;
(c) Committee on Food, Agriculture and Cocoa Affairs;
(d) Committee on Lands and Natural Resources;
(e) Committee on Health;
(f) Committee on Works and Housing;
(g) Committee on Local Government and Rural Development;
(h) Committee on Information and Communications;
(i) Committee on Foreign Affairs and Regional Integration;
0) Committee on Employment, Labour Relations and Pensions;
(k) Committee on Defence and Interior;
(l) Committee on Trade, Industry and Tourism;
(m) Committee on Environment, Science and Technology;
(n) Committee on Education;-
(o) Committee on Youth and Sports;
(p) Committee on Energy and Petroleum;
(q) Committee on Roads and Transportation;
(r) Committee on Independent Constitutional Bodies;
(s) Committee on Parliamentary Affairs;
(t) Committee on Judiciary;
(u) Committee on Chieftaincy, Culture and Religious Affairs;
(v) Committee on Security and Intelligence;
(w) Committee on Sanitation and Water Resources; and
(x) Committee on Public Administration and State Interests.
Compulsory membership of Committees
208. A Member shall be appointed to at least one Standing Committee and one Select Committee.
Composition of Committees to reflect different shades of opinion (cf. article 103 (5) of the Constitution)
209. The composition of Committees shall reflect the different shades of opinion in Parliament, as much as possible.
Selection of Chairpersons of Committees
210. (1) The chairpersons of Committees shall be appointed based on the numerical strength of the Parties in Parliament.
(2) Despite rule (1),
(a) the following Committees shall be chaired by Members of the Party or Parties that form Government:
(i) Finance Committee;
(ii) Committee on Foreign Affairs and Regional Integration;
(iii) Committee on Defence and Interior;
(iv) Committee on Security and Intelligence;
(v) Committee on Employment, Labour Relations and Pensions; and
(vi) Committee on Constitutional and Legal Affairs.
(b) the chairpersons of the following Committees shall be appointed from the Membership of the Party or Parties in Parliament with the largest number of seats other than the Party or Parties which form the government:
(i) Appointments Committee;
(ii) Public Accounts Committee;
(iii) Committee on Subsidiary Legislation;
(iv) Committee on Assurances; and
(v) Budget Committee.
(3) For the purposes of this Order, Parties include Independent Caucus.
Change in membership of Committees
211. (1) A change in membership of a Committee may be made by the Committee of Selection during a Session of Parliament at the request of the Leadership of the parliamentary caucus to which the Member belongs.
(2) A report on the change in membership shall be presented to the House for approval.
(3) The Committee of Selection shall notify the
(a) Leader of the Parliamentary caucus;
(b) Chairperson and Ranking Member of the Committee; and
(c) the Member affected by the change,
stating the reasons for the change and the name of the Member replacing the outgoing Member.
General powers of Committees (cf. article 103 (6) of the Constitution)
212. A Committee shall have powers, rights and privileges of a High Court or a Justice of the High Court at a trial to
(a) enforce the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compel the production of documents; and
(c) issue a commission or request to examine witnesses abroad.
Composition and Functions of Committees
Mandate of Committees generally [cf. article 103(3)]
213. (1) The Committees of the House shall perform the functions specified in these Orders.
(2) The mandate of a Committee shall include
(a) the investigation and inquiry into the activities and administration of Ministries, Departments, Agencies and Independent Constitutional Bodies as Parliament may determine and the investigation and inquiries may extend to proposals for legislation; and
(b) the consideration of papers, reports and other matters within the jurisdiction of the Committee.
(3) The realignment of a Ministry, Department or Agency shall not affect the designation of a Committee of Parliament.
Annual workplan and budget of Committees
214. The chairperson of a Committee shall submit to the Ways and Means Committee, not later than 30th September of each financial year, the annual workplan containing the programme of activities and budget of the Committee for inclusion in the annual budget estimates of Parliament.
Report of Committees
215. (1) The deliberations and recommendations of a Committee shall be presented to the House in the form of a report.
(2) The Committee shall consider and adopt the report prior to the presentation of the report to the House and the report shall be signed by the Chairperson and the Clerk to the Committee.
(3) A Motion shall be moved by the Chairperson or any other Member of the Committee upon presentation of the report to the House for consideration and adoption or otherwise of the report.
Business Committee
216. (1) The Business Committee comprises the Leader of Government Business as Chairperson, the Minority Leader as the Ranking Member, the Chief Whips and not more than fourteen other Members.
(2) Subject to Order 67, the Committee shall
(a) propose the business of each Sitting and the order in which the business is taken, except that the House may determine which matters may properly be introduced in the House at any time;
(b) recommend the time allotted for debate on Bills, Motions, Private Member’s Bills, Private Member’s Motions and other business;
(c) indicate in the proposed time table the different hours at which the various stages of a Bill or other business shall be taken; and
(d) prepare a rota of Ministers to appear before the House to answer Questions.
(3) The power of the Committee in rule (2)(a) shall not limit the power of the Speaker to propose which matters may properly be introduced into the House.
(4) The Clerk is responsible for arranging Questions admitted by the Speaker to conform with the rota and to inform the Ministers accordingly.
Change in membership of Committees
211. (1) A change in membership of a Committee may be made by the Committee of Selection during a Session of Parliament at the request of the Leadership of the parliamentary caucus to which the Member belongs.
(2) A report on the change in membership shall be presented to the House for approval.
(3) The Committee of Selection shall notify the
(a) Leader of the Parliamentary caucus;
(b) Chairperson and Ranking Member of the Committee; and
(c) the Member affected by the change,
stating the reasons for the change and the name of the Member replacing the outgoing Member.
General powers of Committees (cf. article 103 (6) of the Constitution)
212. A Committee shall have powers, rights and privileges of a High Court or a Justice of the High Court at a trial to
(a) enforce the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compel the production of documents; and
(c) issue a commission or request to examine witnesses abroad.
Minority caucus in the House.
Appointments Committee
217. (1) The Appointments Committee comprises a Chairperson, a Ranking Member and the
following ex-
■officio members
fa)
First Deputy Speaker;
(b)
Deputy Majority Leader;
(c)
Minority Leader;
(d)
Deputy Minority Leader;
(e)
Majority Chief Whip;
(f)
Minority Chief Whip; and
(g)
two other Members, one from the Majority caucus and one from the
(2) The leadership and two other Members of the relevant subject-matter Standing or Select Committee shall join the ex-ojjicio Members of the Appointments Committee to consider persons nominated by the President for appointment as Chief Justice and Justices of the Supreme Court, Ministers of State, Deputy Ministers, the Administrator of the District Assemblies’ Common Fund, the Special Prosecutor and other persons specified under the Constitution or any other enactment.
(3) Where there is a realignment of Ministries, rule (2) may be composed in a manner to reflect the realigned Ministries, except that the membership of the Appointments Committee shall not exceed fifteen.
(4) A Member of the relevant subject-matter Committee shall exercise the same rights as an ex-officio Member of the Appointments Committee.
(5) A Member of the Appointments Committee shall not be a Minister of State or Deputy Minister or a Minister or Deputy Minister designate, except where the Minister for Parliamentary Affairs is the Majority Leader.
(6) Where a Member of the Appointments Committee is nominated as a Minister or a Deputy Minister, the Member shall cease to be a Member of the Appointments Committee and be replaced by a Member nominated by the Leadership of the political party Caucus of that Member.
(7) A Member of the Leadership of the House is entitled to participate in the proceedings of the Committee during the consideration of nominees for appointment.
(8) The Committee shall recommend to Parliament for approval or otherwise persons nominated by the President for appointment as Chief Justice and Justices of the Supreme Court, Ministers of State, Deputy Ministers, the Administrator of the District Assemblies’ Common Fund, the Special Prosecutor and other persons specified under the Constitution or under any other enactment.
(9) The Committee shall recommend to Parliament for approval or otherwise a person nominated by the President for appointment as Vice-President in accordance with article 60(10) of the Constitution.
(10) The names of persons nominated for appointment by the President shall be published in a newspaper of national circulation to inform, request memoranda or representation from the public.
(11) The Committee shall report to Parliament within three days after the conclusion of proceedings of the Committee when Parliament is sitting.
(12) The Committee shall recommend persons to the House for approval or otherwise either by consensus or vote.
Committee of Privileges and Immunities
218. (1) The Committee of Privileges and Immunities comprises the First Deputy Speaker as Chairperson and not more than seventeen other members.
(2) The Committee shall enquire into any complaint of contempt of Parliament or breach of privileges referred by the House.
(3) A Member of the Committee shall not participate in any Committee proceedings related to the conduct of that Member.
(4) Where a Member of the Committee is ineligible to act as a Member, the Speaker shall request the Leader of the political party caucus of the ineligible Member to designate another Member from that party to act as a Member of the Committee to consider that particular matter.
(5) A Member of the Committee may not participate in any investigation of the conduct of another Member, officer or employee of the House or any other person by a declaration of recusal in writing that the Member cannot render an impartial decision in the case before the Committee.
(6) When the Committee is served notice of the recusal, the Chairperson shall notify the Speaker who shall request the Leader of the relevant political party caucus to designate another Member from that political party caucus to serve as a Member to consider the particular matter.
Standing Orders Committee
219. (1) The Standing Orders Committee comprises the Speaker as Chairperson, the two Deputy Speakers and not more than fifteen other Members.
(2) The Committee is responsible for drafting the rules which relate to the procedure of the House and the general conduct of business that shall be observed in the House and at its Committees for the consideration of Parliament.
(3) The Committee shall also consider proposals from the Speaker or a Member in the form of a memorandum for the amendment of the Orders.
Committee on Subsidiary Legislation
220. (1) The Committee on Subsidiary Legislation comprises a Chairperson, a Ranking Member and not more than sixteen other members.
(2) The Committee is chaired by a Member who does not belong to the party that forms the Government.
(3) Any Order, Rule or Regulation made by a person or authority under a power conferred by the Constitution or any other law shall be laid before Parliament as provided for under Order 100, and referred to the Committee for consideration and report.
(4) The Committee shall, in considering a referral, determine whether the Order, Rule or Regulation
(a) is in accordance with the provisions of the Constitution or the Act under which the Order, Rule or Regulation is made;
(b) contains any matter which in the opinion of the Committee should more properly be dealt with in an Act of Parliament;
(c) contains imposition of any tax;
(d) directly or indirectly bars the jurisdiction of the courts;
(e) gives retroactive effect to any of the provisions in respect of which the Constitution or the parent Act does not expressly give that power;
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(f) involves expenditure from the Consolidated Fund or public revenues;
(g) appears to make some unusual or unexpected use of the powers conferred by the Constitution or the parent Act;
(h) appears to have been unjustifiably delayed in the publication or in laying the Order, Rule or Regulation before Parliament; and
(i) for any reason, in its form or purpose, calls for any clarification.
Report of the Committee on Subsidiary Legislation
221. (1) The Committee shall present a report to the House on any Order, Rule, or Regulation referred to the Committee, at least five sitting days before the expiration of the twenty-one sitting days.
(2) Where the Committee is of the opinion that the Order, Rule or Regulation should be annulled, the Committee shall state the opinion and the reason for that opinion in the report.
(3) Where the Committee is ofthe opinion that any other matter thatrelates to an Order, Rule or Regulation should be brought to the notice of the House, the Committee shall report that opinion and matter to the House.
(4) The Committee shall cause to be kept a Record of the Rules, Orders or Regulations laid before the House that indicate the dates they were laid, and action taken on them by the Committee.
(5) The Record shall be open for the inspection of Members.
House Committee
222. (1) The House Committee comprises the Majority Chief Whip as Chairperson, the Minority Chief Whip as Vice Chairperson and not more than sixteen other Members.
(2) The Committee shall consider any matter connected with the provision of services to Members of Parliament that includes the office, residence, catering, medical care, working and other facilities and make recommendations to the House for approval and implementation.
Committee on Petitions
223. (1) The Committee onPetitions comprises a Chairperson, a Vice Chairperson and not more than sixteen other Members.
(2) The Committee on Petitions shall investigate and report to the House on matters referred to it under Order 99 and has jurisdiction to investigate and enquire into the activities and administration. with respect to the terms of reference of the Committee and the investigation and enquiry may extend to the making of proposals for legislation.
Committee on Office of Profit (cf article 78(3), 79(3) & 98 (2) of the Constitution)
224. (1) The Committee on Office of Profit comprises the Second Deputy Speaker as Chairperson, and not more than seventeen other Members.
(2) The Committee advises the Speaker on Members, Ministers and Deputy Ministers who seek to be permitted to hold office of profit or emolument, whether private or public and either directly or indirectly on the ground
(a) that holding the office will not prejudice the work of the Member, Minister or Deputy Minister; and
(b) that a conflict of interest will not arise as a result of the Member, Minister or Deputy Minister holding that office.
(3) The Speaker shall, upon the advise of the Committee, convey the decision of the Speaker to the Committee.
(4) The Committee shall convey the decision of the Speaker to the Member, Minister or Deputy Minister.
(5) The Committee shall report periodically to the House on
(a) recommendations related to applications to hold office of profit, submitted by a Member, Minister or Deputy Minister; and
(b) approvals granted by the Speaker.
Committee on Assurances
225. (1) The Committee on Assurances comprises a Chairperson, a Ranking Member and not more than sixteen other Members.
(2) The Committee is chaired by a Member who does not belong to the party or parties that form the Government.
(3) The Committee shall
(a) pursue the execution of every assurance, promise and undertaking made to Parliament by Ministers, Committee Chairpersons, Members and other State functionaries; and
(b) report to the House on the fulfilment of the assurances, promises and undertakings by persons referred to in paragraph (a).
Finance Committee
226. (1) The Finance Committee comprises a Chairperson, a Ranking Member and not more than sixteen other Members.
(2) The Committee shall
(a) examine any matters that relate to monetary and fiscal policies, loan and financial transactions generally; and
(b) have jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee and the investigation and inquiry may extend to the making of proposals for legislation.
Withdrawal from the Contingency Fund (c.f. article 177 of the Constitution)
227. (1) Where the Finance Committee is satisfied thatthere has arisen an urgent or unforeseen need for expenditure for which no other provision exist, the Committee shall authorise advances from the Contingency Fund to meet the need, and report to Parliament.
(2) Where an advance is made from the Contingency Fund, a Supplementary Estimate shall be presented as soon as possible to Parliament to replace the amount advanced.
Examination of loan and other agreements and monitoring of foreign exchange transactions (c.f. articles 181 and 184 (1) of the Constitution)
228. (1) Where a loan agreement or an international business or economic transaction that requires the authorisation of Parliament through a resolution is laid before Parliament, the Finance Committee shall examine the agreement or transaction and make recommendations to the House.
(2) The Finance Committee shall monitor the foreign exchange receipts and payments or transfers of the Bank of Ghana in and outside the country and report to Parliament every six months.
Public Accounts Committee
229. (1) The Public Accounts Committee comprises a Chairperson, a Ranking Member and not more than twenty-three other members.
(2) The Chairperson of the Committee is a member of the party other than the party or parties that form the Government.
(3) Pursuant to article 187 (2) & (5) of the Constitution, the Public Accounts Committee shall examine the public accounts of Ghana showing the appropriation and utilisation of the sums granted by Parliament to meet the public expenditure of the Government, and other accounts laid before Parliament.
(4) Where a matter for consideration before the Committee relates to the period of administration of the Party of the Chairperson of the Committee, the Ranking Member of the Committee shall be the chairperson for the consideration of that matter.
(5) For the expeditious consideration and reporting to plenary, the Committee may have the following sub-committees:
(a) Sub-Committee on Educational Institutions;
(b) Sub-Committee on Management and Utilisation of Statutory Funds;
(c) Sub-Committee on Public Accounts;
(d) Sub-Committee on Performance Audit and Foreign Exchange Receipts & Payments; and
(e) Sub-Committee on Monitoring and Implementation; and
(f) any other sub-committees that the Committee may determine.
Committee on Economy and Development
230. (1) The Committee on Economy and Development comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee shall have referred to it, matters that relate to the economy and development planning generally and have jurisdiction to investigate and enquire into the activities and administration of ministries, departments and agencies under the mandate of the Committee, the investigation and enquiry may extend to the making of proposals for legislation.
(3) The Committee shall have referred to it any matter related to
(a) the National Development Planning Commission;
(b) Development Authorities; and
(c) the mandate of the Bank of Ghana on economic development and efficient utilisation of resources;
(d) any other body as may be determined by Parliament.
(4) The Committee shall, in particular
(a) generate dialogue on major development opportunities and challenges;
(b) monitor and report on the progress of implementation of national, subregional, regional, and international socio-economic development targets;
(c) collaborate with relevant institutions in the initiation and formulation of national development plans;
(d) monitor the implementation of a coordinated programme of economic and social development policy of the government under article 36(5) of the Constitution; and
(e) collaborate with relevant institutions to ensure the protection of the natural and physical environment.
(5) The Committee shall report to the House at least twice in a year.
Committee on Ethics and Standards
231. (1) The Committee on Ethics and Standards comprises the following:
(a) the Second Deputy Speaker as Chairperson;
(b) the Deputy Majority Leader;
(c) the Deputy Minority Leader;
(d) a Deputy Majority Whip;
(e) a Deputy Minority Whip; and
(f) thirteen other Members nominated in accordance with the numerical strength of the Caucuses in the House.
(2) The Committee has jurisdiction on matters related to the Code of Conduct of the House and shall ensure that Members of Parliament discharge their duties in an ethical manner with a high sense of integrity and moral character.
(3) The Committee shall undertake the following actions
(a) monitor
(i) the enforcement of the Code of Conduct for Members of Parliament and Ministers of State in the discharge of their duties in the House;
(ii) the attendance of Members of Parliament; and
(iii) the attendance of Ministers of State to the House to conduct Parliamentary business;
(b) conduct an investigation into an allegation of a violation of the Code of Conduct and applicable rules of Parliament; and
(c) make recommendations to the House on actions to be taken on the breach of the Code of Conduct.
Ways and Means Committee
232. (1) The Ways and Means Committee comprises the Deputy Majority Leader as Chairperson, the Deputy Minority Leader as Vice Chairperson, the Chief Whips and not more than nine other Members.
(2) The Committee shall
(a) monitor and coordinate the activities of all Parliamentary Committees as regards the proper execution of their mandate;
(b) consider requests for the establishment of ad hoc Committees and submit reports to the House with recommendations;
(c) consider the programmes of every committee, including their travel requirements for meetings outside the precincts of Parliament;
(d) receive and consider the annual workplans containing the programme of activities and budget of the Committee for inclusion in the annual budget estimates of Parliament;
(e) . determine the resource requirements and the formula for the allocation of
funds to Committees;
(f) be responsible for the quarterly allocation of funds to Committees from the
budget of Parliament;
(g) periodically review the performance of Committees of the House; and
(h) ensure that Committees submit reports as required by law.
Committee on Private Member’s Bill and Private Member’s Motion
233. (1) The Committee on Private Member’s Bill and Private Member’s Motion comprises a Deputy Speaker as Chairperson, a Ranking Member and not more than sixteen other Members.
(2) The Committee shall
(a) examine whether a Private Member’s Bill complies with the relevant constitutional provision and these Orders;
(b) make recommendation to the Speaker on its findings;
(c) determine the business for Private Member’s Bills and Private Member’s Motions for each Meeting;
(d) propose the business of Private Member’s Bills and Motions for each sitting and the order in which the business shall be taken, except that the House may determine which matters may properly be introduced in the House at any time;
(e) determine the priority and order in which a Private Member’s Bill or Private Member’s Motion is to be taken;
(f) submit a statement to the Business Committee for presentation to the House
on Private Member’s business arranged for the following week or any other period that the Business Committee may determine; and
(g) perform any other function in respect of Private Member’s Bills and Private
Member’s Motions as may be directed by the Speaker.
(3) In performing a function under rule (2), the Committee may invite the Sponsor and the relevant Ministry for a hearing.
Committee on Human Rights
234. (1) The Committee on Human Rights comprises a Chairperson, a Ranking Member and not more than sixteen other members.
(2) The Committee shall have referred to it, matters that relate to the promotion and protection of human rights generally.
(3) The Committee shall, in particular
(a) scrutinise Bills and other enactments in order to ensure their compatibility with international human rights law, norms and standards;
(b) monitor compliance of government with the human rights obligations of the State;
(c) follow up on government’s implementation of the recommendations made by international and regional human rights monitoring mechanisms especially United Nations treaty bodies, African regional treaty bodies, Special Procedures of the Human Rights Council and the African Commission on Human and Peoples Rights, as well as recommendations in respect of the Universal Periodic Review process;
(d) collaborate with existing national human rights institutions to enhance public awareness, education and training on human rights;
(e) collaborate with civil society organisations and human rights advocates to enhance human rights; and
(f) advise other Parliamentary Committees on human rights issues.
(4) The Committee shall report to the House at least twice in a year.
Budget Committee
235. (1) The Budget Committee comprises a Chairperson, a Ranking Member and not more than sixteen other members.
(2) The Budget Committee shall, collaborate with the Ministry responsible for Finance and the Office of the President, in the initiation, formulation and implementation of the national budget.
(3) The Budget Committee shall
(a) consider and report to the House on
(i) the Medium Term Expenditure Framework and the broad Medium Term Policy Target;
(ii) an Appropriation Bill laid before Parliament; and
(iii) a report laid in respect of Off-Budget Reporting or Expenditure in Advance of Appropriation;
(b) consider the annual budget and determine whether the annual budget gives effect to Chapter Six of the Constitution;
(c) analyse and report to the House the impact of tax waivers on the economy; and
(d) perform any other function assigned by Parliament.
(4) The Budget Committee may request experts in finance, public financial management, economics or any other related discipline to submit memoranda or provide any other assistance that the Committee may require in the performance of the assigned functions.
Committee on Backbenchers’ Business
236. (1) The Committee on Backbenchers’ Business comprises a Chairperson who is a Backbencher and not more than seventeen other Members.
(2) The Committee shall
(a) determine the business of Backbenchers for each Meeting.
(b) propose the business for Backbenchers Time and the order in which the business shall be taken; and
(c) in consultation with the Business Committee, present to the House for consideration, a statement on Backbenchers business.
Committee on Gender, Children and Social Welfare
237. (1) The Committee on Gender, Children and Social Welfare comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee shall
(a) examine any matters that relate to gender, children and social welfare;
(b) ensure that the concerns of men, women, children and vulnerable groups and their social welfare matters are included in every appropriate legislation;
(c) consider proposals to enhance the pursuit of affirmative action from time to time and report to the House; and
(d) have jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposal for legislation.
Committee on Constitutional and Legal Affairs
238. (1) The Committee on Constitutional and Legal Affairs, comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee shall
(a) examine issues related to Constitutional and Legal matters generally;
(b) have matters referred to it that relate to
(i) the Office of the Attorney-General; and
(ii) the Ministry of Justice; and
(c) have jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Food, Agriculture and Cocoa Affairs
239. (1) The Committee on Food, Agriculture and Cocoa Affairs, comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall have matters related to food, agriculture and cocoa affairs referred to it; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Lands and Natural Resources
240. (1) The Committee on Lands and Natural Resources comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to lands, forestry and mines; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Health
241. (1) The Committee on Health, comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to health; and
(b) has jurisdiction to investigate and inquire into the activities and administration of the ministries, departments and agencies responsible for health under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Works and Housing
242. (1) The Committee on Works and Housing comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to public works and housing generally,
(b) and has jurisdiction to investigate and inquire into the activities and administration of the ministries, departments and agencies responsible for works and housing under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Local Government and Rural Development
243. (1) The Committee on Local Government and Rural Development, comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to decentralisation, local governance, and rural development;
(b) and has jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Information and Communications
244. (1) The Committee on Information and Communications comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to information and communications; and
(b) has jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Foreign Affairs and Regional Integration
245. (1) The Committee on Foreign Affairs and Regional Integration comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to foreign relations; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Employment, Labour Relations and Pensions
246. (1) The Committee on Employment, Labour Relations and Pensions, comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to employment, labour relations and pensions; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate
■ of the Committee that may extend to the making of proposals for legislation.
Committee on Defence and Interior
247. (1) The Committee on Defence and Interior comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to defence and internal affairs; and
(b) has jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Trade, Industry and Tourism
248. (1) The Committee on Trade, Industry and Tourism comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters related to trade, industry and tourism; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under its mandate that may extend to the making of proposals for legislation.
Committee on Environment, Science and Technology
249. (1) The Committee on Environment, Science and Technology comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall have matters related to the environment, science, technology; and ancillary research and development referred to it; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Education
250. (1) The Committee on Education comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall have matters related to education referred to it; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Youth and Sports
251. (1) The Committee on Youth and Sports comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall have matters related to youth and sports referred to it; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Energy
252. (1) The Committee on Energy comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee shall
(a) have matters related to energy referred to it; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Roads and Transportation
253. The Committee on Roads and Transportation comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall have matters related to roads and transportation referred to it; and
(b) has jurisdiction to investigate and enquire into the activities and
administration of ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Independent Constitutional Bodies
254. (1) The Committee on Independent Constitutional Bodies comprises the Majority Leader as Chairperson, the Minority Leader as the Vice Chairperson and not more than eleven other Members.
(2) The Committee shall have referred to it, matters related to
(a) the Commission on Human Rights and Administrative Justice;
(b) the Electoral Commission;
(c) the National Media Commission;
(d) the National Commission for Civic Education;
(e) the Audit Service;
(f) the Public Services Commission;
(g) the Office of the District Assemblies’ Common Fund Administrator; and
(h) any other body established to have exclusive jurisdiction in the performance of assigned functions including the budget estimates of the bodies.
(3) The Committee shall have jurisdiction to investigate and enquire into the activities and administration of independent constitutional bodies and the investigation and enquiries may extend to the making of proposals for legislation.
Committee on Parliamentary Affairs
255. (1) The Committee on Parliamentary Affairs comprises a Chairperson, a Ranking Member and not more than eleven other members.
(2) The Committee shall have matters related to Parliament and Parliamentary Affairs referred to it.
(3) The Committee shall examine the Annual Budget estimates of Parliament, the Ministry of Parliamentary Affairs and other related matters.
Committee on Judiciary
256. (1) The Committee on Judiciary comprises a Chairperson, a Ranking Member and not more than eleven other members.
(2) The Committee shall have matters related to the Judiciary referred to it.
(3) The Committee shall examine the Annual Budget estimates of the Judiciary and other related matters.
Committee on Chieftaincy, Culture and Religious Affairs
257. (1) The Committee on Chieftaincy, Culture and Religious Affairs comprises a Chairperson, a Ranking member and not more than eleven other Members.
(2) The Committee
(a) shall have referred to it, matters that relate to chieftaincy, culture and religious affairs;
(b) and has jurisdiction to investigate and enquire into the activities and administration of ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Security and Intelligence
258. (1) The Committee on Security and Intelligence comprises a Chairperson, a Ranking Member and not more than eleven other Members.
(2) The Committee
(a) shall have referred to it, matters that relate to national security and intelligence; and
(b) has jurisdiction to investigate and enquire into the activities and administration of ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
(3) The Committee shall examine the budget estimates of
(a) National Security;
(b) National Investigations Bureau;
(c) Research Department of the Ministry responsible for Foreign Affairs; and
(d) any other agency dealing with national security and intelligence.
Committee on Sanitation and Water Resources
259. (1) The Committee on Sanitation and Water Resources comprises a Chairperson, a Ranking member and not more than eleven other Members.
(2) The Committee
(a) shall examine matters that relate to sanitation and water resources generally; and
(b) has jurisdiction to investigate and enquire into the activities and administration of the ministries, departments and agencies under the mandate of the Committee that may extend to the making of proposals for legislation.
Committee on Public Administration and State Interest
260. (1) The Committee on Public Administration and State Interest comprises a Chairperson, a Ranking Member and not more than twenty-three other Members.
(2) The Committee shall have referred to it, matters that relate to State interest and public
administration and has jurisdiction to investigate and enquire into the activities and administration of
(a) the State Interest and Governance Authority;
(b) the Public Services Commission;
(c) the Office of the Head of Civil Service;
(d) National Identification Authority;
(e) Scholarship Secretariat;
(f) Microfinance and Small Loans Centre; and
(g) any other agency under the supervision of the Office of Government Machinery and the investigation and enquiries may extend to the making of proposals for legislation.
(3) The Committee shall also examine the
(a) reports and accounts of public enterprises and in the context of their autonomy and efficiency whether their operations are being managed in accordance with sound business principles and prudent commercial practices;
(b) income and expenditure of any public corporation and state enterprise or other body, or organisation established by an Act of Parliament together with the statement of income and expenditure which the Auditor-General may have or been requested to prepare under the Constitution or under provisions of any other enactment regulating the financing of the particular corporation, enterprise or body and the report of the Auditor-General thereon;
(c) statement of account showing the income and expenditure of autonomous and semi-autonomous bodies, the audit of which may be conducted by the Auditor-General either under the direction of the President in accordance with the Constitution or by an Act of Parliament.
(4) The Committee shall consider matters that relate to the protection of public officers, as provided for under Chapter Fourteen of the Constitution, in the performance of its functions.
Committee of the Whole
261. (1) There shall be a committee of the whole body of the House called the Committee of the Whole.
(2) The Committee of the Whole shall be chaired by the Speaker or a Deputy Speaker and in the absence of the Speaker or a Deputy Speaker, a Member may be nominated to chair.
(3) The Committee shall consider the following:
(a) the report of the emoluments Committee set up under article 71;
(b) appointment or nomination to the Council of State and the National Media Commission;
(c) the Proposed Formula for Distributing the District Assemblies’ Common Fund;
(d) the Proposed Formula for the Disbursement of the National Health Insurance Fund;
(e) the Proposed Formula for the Distribution of the Ghana Education Trust Fund; and
(f) any other matter referred by the House.
Special or Ad Hoc Committee
262. (1) The House may by Motion appoint a Special or an Ad Hoc Committee to
(a) investigate any matter of public importance; and
(b) consider any Bill or matter that is not within the jurisdiction of any of the Standing or Select Committees.
(2) Despite rule (1),
(a) there is established a special Committee on Winnowing that comprises Majority Leader as Chairperson and not more than ten other Members;
(b) the Committee shall examine proposed amendments to clauses in a Bill to ensure harmony and expeditious consideration;
(c) leadership of the relevant Committee with mandate over the sector of the sponsoring Ministry, Department or Agency shall join the Committee on Winnowing to winnow a Bill.
General Functions of Standing and Select Committees, (cf article 103 (3) of The Constitution)
263. Committees of Parliament shall perform functions, including the investigation and enquiry into the activities and administration of ministries and departments, as Parliament may determine; and the investigation and enquiries may extend to proposals for legislation.
Operation of Committees
Sub-committees
264. A Committee may appoint a sub-committee and assign to the sub-committee functions that the Committee considers appropriate.
Quorum at Committee
265. (1) The quorum of a Committee shall be one-third of the Membership of the Committee unless the House otherwise directs.
(2) The number of Members required to form the quorum of a Committee shall include the chairperson or any other Member presiding.
(3) Where at any time during a meeting of the Committee, a Member draws attention to the fact that the Members present at the meeting, including the person presiding, constitute less than one-third of the number of the Members of the Committee, and after an interval of ten minutes there is no quorum, the person presiding shall suspend the meeting for a period not exceeding one hour and if on resumption there is still no quorum, the Committee shall stand adjourned till the next meeting day.
Meetings of Committees
266. (1) Proceedings of a Committee shall be held in public except otherwise determined by the Committee.
(2) A Committee may meet to determine the agenda of the Committee.
(3) A Committee to which a Bill or other business has been referred shall meet to consider the business on the day and the hour determined by the chairperson of the Committee with respect to that business.
(4) Where the Committee is unable to complete the business of a meeting, the Committee shall meet subsequently to consider the business.
(5) Despite any provision in these orders, fifteen percent of Members of a Committee may request a meeting of the Committee, and the chairperson shall summon the Committee, within seven days after the receipt of the request.
Scope of deliberation
267. (1) In the exercise of the oversight function of a Committee, the Committee may consider a matter within its mandate.
(2) Where the Speaker refers a matter to a Committee, the deliberations of that Committee shall be confined to that matter.
(3) The House may extend or limit the mandate of a Committee with respect to a matter referred to the Committee.
(4) A Committee to which a matter has been referred shall report within three months.
(5) Only Members of a Committee may vote or move a Motion at a meeting of the Committee.
(6) A Member who is not a member of a Committee may take part in the proceedings of the Committee, unless the House or the Committee concerned determines otherwise, but the Member shall not vote or move any Motion, nor be part of the quorum.
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(7) A person who is not a member of a Committee may attend in-camera meetings of the Committee subject to the approval of the Committee.
General functions of a Chairperson of a Committee
268. (1) The Chairperson of a Committee
(a) shall preside over meetings of the Committee; and
(b) is the official spokesperson of the Committee.
(2) The Chairperson shall
(a) promote consensus on matters under consideration at Committee.
(b) be impartial, fair and firm in any matter in the performance of functions of the Chairperson in these Orders; and
(c) protect and preserve the rights of Members;
(3) The Chairperson of a Committee shall maintain order at the Committee and decide on each question of order and
(a) where a Member persists in disorderly conduct, the Chairperson may refer the conduct of the Member to the House for determination; and
(b) where a stranger engages in disorderly conduct at a meeting of a Committee, the Chairperson may request the stranger to withdraw from the meeting.
(4) Despite rule (3) (b), the Chairperson may refer the conduct of the stranger who persists in disorderly conduct to the House for determination.
Clerk to a Committee
269. (1) The Clerk to Parliament shall assign an officer of the Service as Clerk to a Committee.
(2) The Clerk to Parliament may assign an officer of the Service to provide any other necessary support to a Committee in the performance of the functions of the Committee.
(3) Despite rule (1), where the Speaker is the Chairperson to a committee, the Clerk to Parliament shall be the Clerk to that committee.
(4) In the absence of the Clerk to Parliament, the most senior Deputy Clerk shall be the Clerk to the Committee chaired by the Speaker.
Duties of Clerk to a Committee
270. (1) The Clerk to a Committee is the administrative head of the secretariat of the Committee and
(a) shall provide procedural and technical advice to the Committee;
(b) shall transmit notice of a meeting addressed to each Member ofthe Committee, together with a copy of the agenda by delivery of hard-copy, e-mail, text message, or any other electronic means;
(c) is the custodian of the records of Committee proceedings;
(d) shall liaise with relevant Ministries, Departments and Agencies and other relevant stakeholders in furtherance of the mandate of the Committee; and
(e) is the Returning Officer of the Committee in the event of voting.
(2) The Clerk to a Committee shall record the minutes of proceedings together with a note of a decision taken by the Committee, the names of Members present and voting and persons in attendance.
(3) The Clerk to a Committee, in the performance of administrative functions, shall submit proposals for the strategic plan and annual workplan containing the programme of activities and the budget of the Committee for the consideration of the Committee.
(4) The Clerk to a Committee shall perform any other function assigned in relation to the mandate of the Committee.
Admission of a stranger at Committee
271. (1) A stranger shall not be admitted to a meeting of a Committee held in camera unless the Committee otherwise decides.
(2) The Chairperson of a Committee may order the withdrawal of a stranger from a meeting being held in camera.
Application of Standing Orders at Committee
272. Where there is no specific provision on a matter that relates to a Committee, the provision of these Orders shall apply with the necessary modifications.
Engagement of Counsel
273. (1) A Committee may engage Counsel to attend upon the Committee to give assistance as regards the examination of witnesses that the Chairperson may direct.
(2) A person alleged to be in contempt of Parliament or in breach of Parliamentary privilege may be represented by Counsel in proceedings at the Committee of Privileges and Immunities.
(3) A witness before any other Committee may also be represented by Counsel.
Engagement of expert and consultant
274. A Committee may engage an expert or a consultant to attend on the Committee to give assistance to the Committee as the Chairperson may direct.
Evidence of witness
275. (1) The evidence of a witness shall be recorded and a copy of the record may be sent to the witness for comment.
(2) The witness may submit any correction arising from inaccurate reporting, within seven days from the date of receipt of the copyofthe record, and the evidence shall be printed with the corrections approved by the Chairperson.
(3) A Committee may refuse to hear any irrelevant evidence or any recalcitrant witness.
Examination on Oath or Solemn Affirmation (ref. Ninth Schedule to these Orders)
276. (1) A Committee shall examine a witness on oath or a solemn affirmation.
(2) The Clerk to the Committee shall administer the oath or solemn affirmation contained in the Ninth Schedule of these Orders.
Expenses of witness before Committee
277. The rate of allowance to be paid for the expenses of a person who appears as a witness before a Committee shall be determined by the House.
Issue and service of summons
278. (1) Any order to attend or to produce documents before a Committee shall be communicated by summons signed by the Clerk to Parliament or of a Committee and issued on the direction of the Speaker or the Chairperson of the Committee.
(2) The summons shall state the date, time, mode and place where a person summoned is required to attend and the particular document the person is to produce.
(3) The summons shall be served on the person mentioned in the summons by delivery to that person a copy of the summons or by leaving the summons at the usual place of residence of that person with an adult person and where the residence is unknown, by publishing the summons in a newspaper of national circulation.
(4) A summons contained in the Tenth Schedule of these Orders may be served by an officer of the House or a police officer.
Withdrawal of document before Committee
279. (1) A document received by a Clerk to a Committee, of which the Committee is seized with, shall not be withdrawn or altered without the knowledge and approval of the Committee.
(2) A Chairperson or Clerk to a Committee, under the direction of the Chairperson, may release a document submitted by a witness to the witness after the deliberations of the Committee.
Prohibition of publication of evidence prior to reporting by Committee
280. (1) A Member or any other person shall not publish the evidence or report of a Committee before the presentation of the report by the Committee to the House.
(2) A Committee may direct the Clerk to the Committee to provide a copy of a report of the Committee to
(a) anofficer of a ministry, department or agency;
(b) a witness who has given evidence;
(c) another Committee or sub-committee;
(d) a journalist; and
(e) any other person
as the Committee considers appropriate, after the report has been presented to the House.
Evidence on parliamentary proceedings
281. A Member, an officer or a person employed to take minutes of evidence before a Committee shall not give evidence elsewhere or in any manner disclose information on the evidence before Parliament or a Committee without prior leave of the Committee of Privileges and Immunities.
Admission of papers in evidence at Committee
282. Where an enquiry affects the privileges, immunities and powers of the House or Members, a copy of the minutes of the House or a report from a Committee is admissible as prima facie evidence.
Preparation of Report of Committee
283. (1) Members of a Committee, including the Chairperson, may present reports for consideration of the Committee and the reports shall be recorded in the minutes of proceedings of the Committee.
(2) The Chairperson shall propose for consideration, the reports in the order ofreceipt until one of the reports is accepted as a basis for discussion, beginning with the report of the Chairperson.
(3) The question to be proposed by the Chairperson on any report shall be “ That the report brought up by Honourable Memberfor …be read a Second Time, paragraph by paragraph. ”
(4) When the question has been agreed to, a question shall not be proposed on any other report but portions of other reports maybe offered as amendments to the report under consideration where they are relevant to the agreed report.
(5) On the conclusion of the consideration of the report, the chairperson shall put the question “ That this Report be the reportfrom the Committee to the House. ”
Voting at Committee
284. (1) A decision at Committee shall ordinarily be by consensus.
(2) Where a Committee is unable to reach consensus, the decision shall be by majority vote of the members present, either by voice vote or by a head count.
(3) Where the Committee is unable to reach a decision, the Chairperson of the Committee shall call for a division.
(4) A division in Committee shall be taken by the Clerk to the Committee requesting each Member to indicate how that Member intends to vote, and the Clerk shall record the votes accordingly.
(5) In taking the division, the names of each Member of the Committee shall be called in alphabetical order.
(6) Where a division is claimed in a Committee, each Member of the Committee present shall mark the vote either AYE, NO, or ABSTENTION.
(7) The Clerk to the Committee shall enter in the minutes a record of each Member’s vote.
(8) As soon as the Clerk has collated the votes, the Chairperson shall state the number of Members voting for the AYES, NOES or ABSTENTION respectively and shall then declare the result of the division.
(9) Where the numbers in a division are equal the motion shall be considered lost.
(10) The Chairperson shall only have an original vote and not a casting vote.
Minutes of proceedings to be brought up with report of Committee
285. (1) Each Committee to which a matter is referred shall report to the House before the end of each Session of Parliament.
(2) Where a Committee is unable to complete any investigations, enquiry or other matter referred to the Committee before the end of the Session, the Committee shall report the inability to the House.
(3) The minutes of the proceedings of a Committee shall be presented and tabled in the House with the report of the Committee by the Chairperson, whenever possible, or by any Member of the Committee nominated by the Committee.
(4) The Chairperson or Member of the Committee may move in the House, after notice, that the report of the Committee be adopted.
Prohibition of engagement of a Member in a professional capacity
286. A Member shall not appear before the House or any Committee as Counsel or in any other professional capacity for another Member or any person.
Commissioner for Standards and Ethics
Appointment of Commissioner
287. (1) Parliament may appoint a person as the Commissioner for Standards and Ethics.
(2) The Commissioner for Standards and Ethics shall protect the dignity of Parliament by enforcing the Code of Conduct of Members.
(3) The Commissioner shall
(a) advise the Committee on Standards and Ethics and individual Members on the interpretation of the provision of the code of conduct and on questions of propriety;
(b) monitor compliance with the code, and make recommendations to the Committee on Standards and Ethics; and
(c) investigate a specific matter that relates to the conduct of Members and report to the Committee.
(4) The Commissioner shall submit an annual report to the House on the performance of the functions of the Commissioner through the Committee on Standards and Ethics.
Miscellaneous Provisions
Admission of stranger in the House
288. (1) A stranger shall not be admitted into the House without authority of the Speaker which may be exercised through the Clerk to Parliament.
(2) A Member shall not admit a stranger into any part of the House reserved for Members while Parliament is sitting.
(3) A stranger shall not be admitted into the galleries with any item including a briefcase, a handbag, a placard, a camera, a tape recorder, a transistor radio, mobile telephone or any other electronic device, a firearm or any other offensive weapon unless granted permission in writing by the Speaker.
(4) A stranger shall not eat, drink, smoke, read a book ornewspaper, draw, write, or stand in the galleries.
Security check
289. (1) A Member or stranger is subject to a security check or screening before entering the Chamber.
(2) The security check or screening shall extend to a handbag or any other accessory that the Member or stranger intends to enter the chamber with.
Firearm and other offensive weapon
290. (1) A Member shall not carry a firearm or any offensive weapon into the Chamber or near the Chamber Block and any firearm or offensive weapon must be deposited at the security gate for safe custody, and collected at the time of leaving the chamber.
(2) A person, other than an authorised security personnel, shall not carry a firearm or any offensive weapon into the Chamber or the precincts of Parliament and any firearm or offensive weapon must be deposited at the security gate for safe custody, and collected at the time of leaving the precincts of Parliament.
Members’ handbag
291. A Member may be allowed into the Chamber with a handbag of reasonable size.
Revocation and savings
292. (1) The Standing Orders of Parliament which came into force on 1st November, 2000, are hereby revoked.
(2) Despite the revocation of the Standing Orders, an action or act lawfully commenced or done under the revoked Orders shall be considered to have been commenced and completed under these Standing Orders and shall continue to have effect until reviewed, cancelled or revoked.
Commencement
293. These Standing Orders shall come into force on the…………………………………………..
FIRST SCHEDULE
FORMS OF OATHS
(1) THE OATH OF ALLEGIANCE
(Order 9)
I……………………………………………………………………do (in the name of the Almighty God
swear)
(solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold the sovereignty and integrity of Ghana; and that I will preserve, protect and defend the Constitution of the Republic of Ghana. (So help me God).
(To be sworn before the President, Speaker, the Chief Justice or such other person as the President may designate)
(2) THE SPEAKER’S OATH
(Order 9)
I…………………………………………………………do (in the name of the Almighty God swear)
(solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold the integrity of the Republic of Ghana; that I will faithfully and conscientiously discharge my duties as Speaker of Parliament; and thatl will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will do right to all manner of persons in accordance with the Constitution of Ghana and the laws and conventions of Parliament without fear or favour, affection or ill-will. (So help me God).
{To be sworn before the Chief Justice)
(3) THE OATH OF A MEMBER OF PARLIAMENT
(Standing Order 13)
I………………………………………………………………………………………………………….having been
elected a Member of Parliament do (in the name of the Almighty God swear) (solemnly affirm) that 1 will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana and that I will faithfully and conscientiously discharge the duties of a Member of Parliament. (So help me God).
{To be sworn before Mr. Speaker)
LEAVE OF ABSENCE FORM
(.Standing Orderly
A Member shall complete and submil ibis l-orm nol laler Ihan scvcnly-lwo hours prior lo ihe intended dale of absence.
1. NAME:………………………………………………………………………………………………………
2. HOME ADDRESS:…………………………………………………………………………………………
3. TELEPHONE:…………………………
4. ADDRESS IN ACCRA:……………….
5. CONSTITUENCY:…………………….
6. REASON FOR LEAVE OF ABSENCE:
7. FROM:…………………………………………………TO:………………………………………………
8. RESUMING ATTENDANCE IN THE HOUSE ON:……………………………………………………..
9. CONTACT ADDRESS WHILE AWAY: …………………………………………………………………
10. PREVIOUS PERIODS OF ABSENCE (NO. OF DAYS):………………………………………………..
11. SIGNATURE OF MEMBER AND DATE:………………………………………………………………….
OFFICIAL USE ONLY
RECOMMENDATION BY LEADERSHIP OF MEMBER’S CAUCUS:
Recommended as requested | | Recommended up lo………………………………Not Recommended □
(TICK AS APPROPRIATE)
SIGNATURE:…………………………………………… DATE………………………………………………….
DESIGNATION…………………………………………………………………………………………………….
DECISION BY MR. SPEAKER:……………………………………………………………………………………..
SPEAKER’S SIGNATURE:…………………………………………………………………………………………………………
DATE:……………………………………………………………………………………………………………….
ANY OTHER REMARKS BY MR. SPEAKER:…………………………………………………………………..
THIRD SCHEDULE
OPENING PRAYERS
(Standing Order 68)
ALMIGHTY GOD, we humbly beseech Thee to look with favour upon this Parliament of the Republic of Ghana. Grant that it may perform its high duty as in Thy sight. Give Divine guidance to the President of the Republic; endow Members of Parliament and Ministers of State with discernment and vision, integrity and courage that through the labours of government this land and people may be well and truly served, and Thy good purposes for the common human life be realised in our midst.
O GOD, grant us a vision of our country, fair as it might be, a country of righteousness, where none shall wrong his neighbour; a country of plenty, where evil and poverty shall be done away with; a country of brotherhood, where all success shall be founded on service, andhonour shall be given to the deserving; a country of peace, where government shall rest on the will of the people and the love for the common good. Bless the efforts of those who struggle to make this vision a living reality. Inspire and strengthen our people that they may give time, thought and sacrifice to speed the day of the coming beauty of Ghana and Africa.
AMEN
NATIONAL PLEDGE
(Standing Order 69)
I promise on my honour
To be faithful and loyal to Ghana my motherland I pledge myself to the service of Ghana With all my strength and with all my heart
I promise to hold in high esteem our heritage won for us through the blood and toil of our fathers
And I pledge myself in all things to uphold and defend the good name of Ghana.
So help me God.
FIFTH SCHEDULE
(Order 99)
RULES ON PETITION
1. A Member presenting a petition to the House must indicate the Member’s name at the beginning of the Petition and shall give notice of intention to present the petition by entering the Member’s name on the notice paper reserved for that purpose.
2. A petition must contain a prayer at the end of it stating the general object of the petitioner or nature of the relief asked for.
3. A petition must be signed or thumb-printed and marked by at least one person.
4. If signatures are affixed to more than one sheet the prayer of the petition must be repeated at the head of one side of each sheet, but signatures may be written on either side of any sheet.
5. A person signing a petition must write his address after his signature.
6. A petition must be written in the English language or be accompanied by a translation certified to be correct by the Member who presents it.
7. A petition must be signed by the parties whose names are appended to it by their names or marks.
8. A petition of a corporation aggregate shall be under it’s common seal.
9. No erasures of interlineations may be made in any petition.
10. A petition must be respectful, decorous and temperate in language.
11. The style in which a petition to Parliament shall be drawn up shall be as follows:
TO: THE PARLIAMENT OF GHANA
The Humble petition of (here insert the names or description of the petitioner or petitioners)
SHEWETH That (here set forth the case or circumstances to be brought to notice of Parliament).
Wherefore your Petitioner (or petitioners) prays (or pray) that (here set forth the particular object of the petitioner or nature of the relief asked for).
And your Petitioner(s), as in duty bound, will ever pray, et cetera.
Signatures with addresses to follow
SIXTH SCHEDULE
WARRANT OF ARREST
BY ORDER OF THE RT. HON. SPEAKER OF PARLIAMENT
(Order t34)
TO:
[Police Officer]
WHEREAS on …………………………………… the Rt. Hon. Speaker ordered ………………………………………………. to
appear before the House or to produce a document before the House.
WHEREAS the said…………………………………………………was ordered to appear or produce the document on or
before………………………………………………………………………………………………………………………………………………………….
WHEREAS as at………..day of…………….20…, the said……………………….has refused to, declined or is unable to
comply with the said order,
NOW PURSUANT TO ORDER 133 OF THE STANDING ORDERS OF THE PARLIAMENT OF GHANA, 2021 You are hereby commanded in the name of the RL Hon. Speaker of Parliament to forthwith apprehend the said
and produce the said person before the [House/Committee/Magistrate/Judge)
Issued at
the
day of
20.
SIGNATURE AND SEAL OF THE RT. HON. SPEAKER
FORMS FOR AUTHENTICATION AND CERTIFICATION OF BILLS
(Standing Order 175)
FORM 1
Form of Authentication
This printed impression has been carefully compared by me with the Bill which was
passed by Parliament on the……day of………………………20……and found by me to
be a true copy of the Bill.
Date of certification
Clerk to Parliament
FORM 2
Form of Speaker’s Certificate
I hereby cer fy that power to pass this Act has been conferred on Parliament in accordance with the relevant provisions of the Constitution.
Speaker
Date of Certificate
FORM FOR INITIATING A PRIVATE MEMBER’S BILL
(Standing Order 181)
THE CLERK TO PARLIAMENT PARLIAMENT HOUSE ACCRA
Sir, I request the Legislative Drafting Office to provide professional legislative drafting services to assist me initiate a Private Member’s Bill.
Please find in the ensuing paragraphs my details and other relevant information.
1. Name of Sponsor(s)
2. Phone Number/Email
3. Office Address
4. Preferred Means of Contact
5. Short Title of the Proposed Bill
6. Object of the Proposed Bill
7. Is there any existing enactment on the subject? (If yes, please specify)
8. Date intended to introduce the Bill
9. Is the Bill urgent? Yes/No (Please explain your answer)
Signature: Date:…..
Name/Designation of Schedule Officer:
Date:…………………………………….
Signature:……………………………….
NINTH SCHEDULE
OATH OF A WITNESS BEFORE A COMMITTEE
(Standing Order 276)
I……………………………………………….(in the name of the Almighty God swear) (solemnly
affirm) that the evidence I shall give before this Committee touching the matter in issue shall be the truth, the whole truth and nothing but the truth. (So help me God).
{To be sworn before Committee)
TENTH SCHEDULE
REPUBLIC OF GHANA PARLIAMENT OF GHANA
SUMMONS
(Article 103(5) of the 1992 Constitution and Order 278 of the Standing Orders)
TO:
WHEREAS your attendance is necessary to answer:
on
You are hereby commanded to appear in the House/ before the Committee
……………………………………………………………..on the…………………Day of…………………………….20.,.. at……………
am/pm or soon thereafter as the House or Committee may hear you.
,20
Dated this………………day of.
SIGNATURE AND SEAL OF THE RT. HON. SPEAKER/CHAIRMAN OF THE COMMITTEE
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