Speaker of Parliament, Alban Kingsford Sumana Bagbin, has declared the decision of First Deputy Speaker Joseph Osei Owusu to overturn his ruling and to be counted as part of the numbers forming a quorum on 30th November, 2021 as an aberration of parliamentary procedure.
According to him, Deputy Speakers or acting Speakers who are in the Chair have absolute responsibility for whatever happens in the House and therefore even the Speaker cannot be called upon to overrule it.
The reverse, he said, is also the case that when a Speaker is in the Chair, whatever happens in the House is the Speaker’s responsibility and the Deputy Speaker or Acting Speaker cannot be called upon to overrule it.
He averred that although the Standing Orders are silent on this, many Standing orders and rules from several sister Parliaments provide persuasive rules that suggest this scenario.
In a Formal Communication to the House on Thursday 16th December, 2021 regarding the events that took place during his absence and the aftermath, the Speaker cautioned members to be mindful of the precedents that exist in the House to guide conduct.
This, he said, will ultimately prevent an interpretation of the rules that end up raising challenges for the House.
According to him, the reasoning of the First Deputy Speaker outlining the fact that he is not the Speaker, and therefore holds his membership and does not lose his privileges as a member when he takes the Chair can be said to be correct.
“However, in so far as he takes on the role as the Acting Speaker of Parliament, his decision to be counted as part of the numbers forming a quorum raises procedural challenges.”
The Standing Orders and the 1992 Constitution, he said, outlines clearly the bar on the one presiding in Parliament in respect of participating in debates or voting on any matter.
He said, “Article 102 of the Constitution is to the effect that the person presiding, be it the Speaker, a Deputy Speaker or a Member presiding does not form part of the quorate number.”
“However, a distinction must be drawn between the temporary absence of the Speaker from the chamber in which case any of the Deputy Speakers may preside, and when the Speaker is unavoidably absent as provided for under Order 13(2).”
“In fact, Order 13 creates two different types of instances under which the Deputy Speaker may preside in accordance with Article 101 of the Constitution.”
According to him, under Order 13 (1) any of the Deputy Speakers may be asked to take Chair whenever the Speaker so requests and stressed in this case the Deputy Speaker may be counted as forming part of the Quorate number required for either business or voting.
“Order 13(2) presents a different situation. Under this order, the Speaker’s unavoidable absence from the precincts of Parliament means the First Deputy Speaker assumes the authority of the Speaker and performs all the duties of the Speaker in relation to the Chamber. In this role, the First Deputy Speaker takes on the cloak of an Acting Speaker and for the purposes of our rules and the Constitution assumes all the powers of the Speaker in relation to the business of the House,” he said.
“In this sense, therefore, the First Deputy Speaker for the period of my unavoidable absence from Parliament was the Acting Speaker of Parliament and thus all rules and limitations applied to him in a manner that applies to the substantive Speaker of Parliament,” he added.
Finance Ministers letter
Speaker Alban S.K. Bagbin questioned the legal basis of the letter laid by the Finance Minister Ken Ofori purporting to make some concessions and modifications to the 2022 Budget Statement and Economic Policy of the Government.
He indicated that he has held discussions with the Leadership of the House to find a path that is faithful to the law, respects the rules and processes, and ensures the governance of the country does not grind to a halt.
The leadership, he said, has therefore agreed for the Minister of Finance to return before the House with a revised statement of the Budget with the said modifications and concessions.
And the modifications and concessions will then be adopted by the House and the revised document with the estimates will stand committed to the various Committees of Parliament.
Hon. Bagin pointed to the need to make progress on the matter in a manner consistent with the laws and ensures Parliament is allowing the governance of the country to thrive.
He, however, reiterated his pledge not to superintend over a Parliament to frustrate government business but warned he equally will not preside over a weak House or be tagged as an errand boy of the executive arm of government.
“This House is fully focused in discharging its mandate and will do so without any fear or favour, affection or ill-will in ensuring the ultimate best interests of the Ghanaian people are served,” he stressed.
Source: Mypublisher24.com
