Full Text of Speaker Bagbin Remarks at Emergency Sitting of Parliament

OPENING REMARKS BY RT. HON. SPEAKER AT THE 2^ND RECALL OF PARLIAMENT PURSUANT TO ARTICLE 112(3) OF THE 1992 CONSTITUTION AND THE STANDING ORDERS OF PARLIAMENT  TUESDAY 3^RD SEPTEMBER 2024

1. Hon Members, you are welcome back to a recall meeting of Parliament during this busy period of electioneering campaigns for the December 2024 general elections.
2. But before I proceed, permit me to first commend officers of the Ghana National Fire Service for their swift response to a fire incident in an office on the mezzanine floor of Job 600. But for their timely intervention, I sincerely cannot tell what you the outcome would have been. . To all the officers from the National Office, to the regional and local station in Parliament House, we say thank you. I urge each one of us, to, at all times, prioritize safety in whatever we do. Let us be vigilant and follow all the safety precautions to prevent any such occurrences again. .
3. Having said that I wish to extend my utmost appreciation to our distinguished speakers and participants of the just ended Speaker’s Seminal Lecture in the Northern Regional capital Tamale. The Chiefs, academia, public servants, NGOs, students, the public and ordinary citizens were there in their numbers to engage the speakers and discussants. It was a success story. I am confident that the efforts Parliament is making to build trust in the electoral process to ensure a free, fair, credible and peaceful election will yield the needed results.
4. As you may be aware, on the 31st of July 2024, my office received a request to summon Parliament, pursuant to Article 112 (3) of the Constitution, 1992, and Order 53 of the Standing Orders of Parliament. This request, was submitted by more than the constitutional requirement of fifteen per cent of members of Parliament.
5. A day before this request, i e on the 30th July 2024, I had adjourned the House sine die.
6. As I emphasized in my Press Statement on 7th August 2024, the decision to adjourn the House sine die on 30th July 2024 was not made unilaterally. This date was scheduled by the Parliamentary Calendar for the Fourth Session of the Eighth Parliament, which called for an adjournment at the end of July. This scheduled date was discussed and agreed upon at pre-sitting meetings of the Speaker and Leaders weeks prior to the adjournment.
7. The official records, including voice and video recordings, of our proceedings, testify that I consistently communicated this decision throughout the meeting. This is found in the official records of the sittings of 6th, 11th, 25th, and 26th July 2024. These records show the adjournment was therefore neither sudden nor without prior notice.
8. In preparation for this planned adjournment, leadership of the House prioritized key agenda items to be taken and further extended sittings late into the night to ensure that all critical businesses were completed by the agreed date. To achieve this, I accepted to preside over the extended sittings each day until the House adjourned. This was particularly necessary because both Deputy Speakers were unavoidably absent during the final weeks, as the official reports of proceedings show.
9. Despite the efforts of the House, some businesses could not be completed and I indicated to the House, my no objection to the House being recalled to sit mid-September under Article 112 (3). To exercise this option immediately a day after the adjournment, is to say the least, unfortunately and in bad faith. But as the law stands once Article 112 (3) of the Constitution, 1992, is triggered, I am constitutionally obliged to honour the request.
10. Article 112 (3) of the Constitution states:
11. “Notwithstanding any other provision of this article, fifteen percent of members of Parliament may request a meeting of Parliament and the Speaker shall, within seven days after the receipt of the request, summon Parliament.”
12. Similarly, Order 53 (1) of the Revised Standing Orders of Parliament echoes this provision with an additional demand. In the words of the Order :
13. “(1) Despite any other provision, fifteen per cent of Members of Parliament may request a meeting of Parliament and the Speaker shall, within seven days after the receipt of the request, summon Parliament.”
14. “(2) Parliament shall convene within seven days after the issuance of the notice of summons”
15. Hon Members, we are also meeting here in this dome rather than our usual chamber because, during this recess, the decision of the Parliamentary Service Board to address structural defects and replace outdated audio and video equipment in the chamber was programmed to be implemented. This became an imperative to be done this time after an earlier attempt fell through during the May/ June recess. The implementation of the Board decision to replace and upgrade the facilities became compelling as a result of the frequent equipment failures and the structural defects that has, on many occasions, disrupted proceedings of the House.
16. These works are also part of the transitional preparations for the next Parliament of the 4th Republic, which will be sworn in on the 7th of January 2025. Ensuring an improved functional and safer chamber is crucial as we transition in seamless growth to the ninth Parliament of the Fourth Republic of Ghana.
17. Hon Members, this is not an ordinary scheduled meeting in a session . We are here at the request of more than fifteen percent of members of Parliament for an extraordinary sitting of Parliament to address business which merit our urgent attention. The items that were listed on the request for the meeting are mostly businesses for normal meetings.
18. I identify, however, a few items worthy of consideration in the national interest viz: three motions, a $250 million IDA financing agreement, tax waivers, and a possible reconsideration of a decision of the House on an earlier item that was taken on the 30th of July 2024. I have therefore admitted these three major items for the consideration of the House during this extraordinary two-day meeting.
19. The request to summon Parliament acknowledges that these items were already before the House and should have been taken during the Third Meeting. It is the norm that any such outstanding businesses are considered in the next scheduled meeting of the session on the Parliamentary Calendar. This is not the next scheduled meeting on the Parliamentary calendar but an extraordinary meeting.
20. The nature of the meeting demands a revaluation of the items to see whether they are eligible to be considered under Article 112 (3) so as to necessitate a recall of Parliament after adjournment sine die. This calls for a re-consideration and re-admission or otherwise of the business.
21. Hon Members, the frequent invocation of Article 112 (3) within a session of Parliament should be of concern to all of us. While the provisions are clear and unambiguous, we must consider the broader context in which they are intended to operate and legislate to set down the preconditions under which the Article could apply. Parliament recedes to focus more on its other functions of scrutiny, representation, advocacy, and diplomacy. It should be recalled when and only when an exceptional or urgent matter or business arise and requires Parliament’s immediate attention.
22. Article 112 should not become a tool to keep Parliament in perpetual or continuous session, thereby preventing Parliament and Members from performing the other aforementioned constitutional functions and duties to the country and constituencies. A frequent invocation of Article 112 (3), particularly in a House composed such as this eight Parliament, could pose challenges to the governance of the country. The good intentions of the drafters of the Constitution could be turned into a horror movie.
23. For instance, frequent recalls can disrupt planned legislative annual budget and workflow, drain national resources, and affect the overall productivity of Parliament.
24. Hon Members, I invite members to, at the appropriate time, deliberate on this matter to establish when it is appropriate to resort to the use of Article 112 (3).
25. Once again, you are warmly welcome.

Source:expressnewsghana.com