Parliamentary Legislative duties: What you should know

The Parliament of Ghana is the legislative body of the government of Ghana that thrives on patriotism, integrity, accountability, openness, responsiveness, professionalism, teamwork, and representation as its core values.

The Genesis of Ghana’s Parliament

The Eighth Parliament of the Fourth Republic was inaugurated on January 7, 2021, with the New Patriotic Party (NPP), and National Democratic Congress (NDC) as represented political parties and an independent candidate.
While both the NPP and NDC have 137 Members of Parliament (MPs) respectively, there is an independent candidate totaling the MPs number to 275.
Forty out of the 275 MPs are women.

Since 2012, the country has been divided into 275 single-member constituencies, where members serve four-year terms.
Presently under the Eighth Parliament of the Fourth Republic, Ghana has a unicameral Legislature with an Executive President who appoints Ministers, majority of whom by the Constitution must come from Parliament.
Legislative representation in Ghana dates to 1850 when the country was a British colony known as Gold Coast. The body, called the Legislative Council, was purely advisory as the Governor exercised all legislative and executive powers.

Reforms were introduced in 1916 and 1925, although the governor’s power remained extensive.
In 1946, a new constitution was introduced that allowed for an unofficial member of the Legislative Council to become its president while the governor ceased to be the ex officio president of the body.

This system continued until 1951 when the Legislature elected its first Speaker – Sir Emmanuel Charles Quist.
After 11 years of military rule, a new constitution was approved in a 1992 referendum, where Presidential elections were held in November and were won by Late President Jerry John Rawlings, leader of the 1981 coup and subsequent military ruler.

The opposition contested the results and boycotted the December parliamentary elections. As a result, Rawlings’ NDC won 189 out of 200 seats in Parliament.

All parties participated in the 1996 parliamentary elections with the NDC winning 133 out of a total of 200 seats, while the main opposition NPP won 60 with two other parties winning the remaining seats.
The 2000 elections were significant in that, Late President Rawlings was constitutionally barred from seeking another term.

In the presidential poll, Former President John Agyekum Kufuor of the NPP defeated the NDC candidate late President John Evans Atta Mills in a run-off election.

In the 200-seat Parliament, the NPP won 100, followed by the NDC’s 92. While smaller political parties and independents won the remaining seats.

To that end, former President Kufuor was re-elected in 2004 and the NPP won 128 out of 230 seats in the concurrent parliamentary election.

The main opposition NDC won 94, while two other parties, the People’s National Convention (PNC) and Convention People’s Party (CPP) won four and three seats, respectively.
An Independent candidate captured the remaining seat.

The simple majority (or First Past the Post) voting system is used in Ghana’s parliamentary elections.
Ghana’s Parliament operates much on the lines of the Parliament of Westminster. It follows, the Westminster model, making provision for Ministers to be questioned in Parliament, and for Members of Parliament to make statements on matters of public importance, for them to introduce Motions on the matters which they consider important and for them to approve the policies of the Government in general.

The Government, for example, cannot enter into any international agreement without the ratification of Parliament: and various such controls exist.

Life of Parliament
The term of the Parliament of Ghana spans over four years from the first sitting day following a general election as stipulated by Article 113 (1) of the 1992 Constitution.

Article 112 (2) of the same Constitution provides that a Session of that period between the last and first sitting of the next Session of Parliament shall not amount to 12 months. Within a Session of Parliament, there are periods of meetings and sittings.
Session Of Parliament

A Session of Parliament is the setting(s) of Parliament commencing upon the first Meeting of Parliament after dissolution and ending when Parliament is dissolved. By a Constitutional Instrument, the Speaker of Parliament exercises the power of summoning a new Session of Parliament.

In practice, the first session of Parliament begins on January 7 after a general election.
On average, Parliament sits for 28 weeks (about 6 and a half months) and goes on recess for 24 weeks (about 5 and a half months) within a Session. The House sits from Tuesday to Friday, making an average of 132 Sittings in a Session.
Presently, the House is in recess, and it is expected to resume in October following a communicated date.
Leadership structure

Speaker

The current Speaker of Parliament is Mr Alban Kingsford Sumani Bagbin.

The Speaker presides over Parliament, and its proceedings and enforces observance of all rules that govern its conduct. After a general election, the majority party in Parliament, in consultation with other parties, nominates a speaker.

The Speaker cannot be a Member of Parliament though he or she must possess the qualifications to stand for elections as an MP, such person on appointment as Speaker must resign and declare the seat occupied in Parliament as vacant.
The Speaker is assisted by two Deputy Speakers (First and Second Deputy Speakers), who are elected at the commencement of every Parliament. They must come from different political parties.

First Deputy Speaker
Mr Joseph Osei Owusu of the NPP is the prevailing First Deputy Speaker of Parliament. The First Deputy Speaker presides over the sittings of Parliament whenever the Speaker is absent.

Second Deputy Speaker
Mr Andrew Amoako Asiamah, an independent candidate is the Second Deputy Speaker of the
Eighth Parliament.

The Second Deputy Speaker presides over the sittings of Parliament in the absence of the Speaker and the First Deputy Speaker.

Majority Leader
The Majority Leader, as Leader of Government Business, provides leadership to the Majority Caucus and indeed, the whole House, to ensure the smooth and effective conduct of Government Business.

The Majority Leader is elected from the party with a majority of parliamentary seats. A Deputy Majority Leader and a Majority Chief Whip assist him, constituting the majority leadership of Parliament.

The current Majority Leader is Mr Osei Kyei-Mensah-Bonsu of the NPP. Both the Majority and Minority Leaders or their certified assigns support the Speaker in the conduct of the Business in the House.

Deputy Majority Leader

A Deputy Majority Leader and a Chief Whip assist the Majority Leader, constituting the Majority leader of Parliament. Mr Alexander Afenyo-Markin of the NPP is the existing Deputy Majority Leader.

Minority Leader
The Minority Leader, Mr Haruna Iddrisu of the NDC provides leadership to the Minority Caucus in articulating alternatives to Government policy, among other functions.

The Minority Leader is elected from the second-largest party in Parliament. A Deputy Minority Leader and a Chief Whip assist him, constituting the minority leadership of Parliament.

Deputy Minority Leader
A Deputy Minority Leader and a Chief Whip assist the Minority Leader, constituting the minority leadership of Parliament. The current Deputy Minority Leader is James Klutse Avedzi of the NDC.

Meeting of Parliament

The Session of Parliament is made up of periods known as Meetings. A Meeting is a sitting(s) of Parliament commencing when Parliament first meets after being summoned at any time and ending when Parliament is adjourned sine die or after a Session.

Ordinarily, there are three Meetings in a Session:
First Meeting: January to March.
Second Meeting: May to July.
Third Meeting: October to December.
Sitting of Parliament

The sitting of Parliament is the period during which Parliamentarians sit continuously without adjournment.
Parliamentary Service Board

The Parliamentary Service Board is governed by the Parliamentary Service Board, which is composed of the Speaker, as Chairman; four other members appointed by the Speaker, acting on the advice of the Committee of Parliament; the Clerk to Parliament.

The board has the responsibility of promoting the welfare of MPs and staff of the Service.
COMMITTEES
The Standing Orders of Parliament of the Fourth Republic prescribed two main types of committees namely: the Standing and Select Committees.

In addition, Parliament may, by Motion, appoint ad hoc committees to consider any matter that does not come under the direct terms and references of a Standing or Select Committee. The Standing Orders also make provision for the Committee of the Whole which is composed of all MPs.

The Committees are constituted at the First Meeting of the first Session of a new Parliament. Nonetheless, changes in the membership of any committee may be affected at the beginning of any other Session.

The Committee of Selection must compose the membership of the committee at the First Meeting of the new Parliament.
As of November 2020, Parliament has 14 Standing Committees and sixteen Select Committees.
There was also one ad hoc committee.

The Standing Committee comprises; Appointments, Business, Committee of Selection, Finance, Gender and Children, Government Assurance, House, Judiciary, Members Holding Offices

of Profit, Privileges,
Public Accounts, Special Budget, Standing Orders and Subsidiary Legislation.

While the Select Committees are the Communications, Constitutional, Legal and Parliamentary Affairs, Defence and Interior, Education, Employment, Social Welfare and State Enterprises, Environment, Science and Technology, Food, Agriculture and Cocoa Affairs, Foreign Affairs, Health, Lands and Forestry, Local Government and Rural Development, Mines and Energy, Roads and Transport Standing Orders, Trade, Industry and Tourism, Works and Housing, Youth, Sports, and Culture.

While the Ad-hoc Committee has the Poverty Reduction Strategy committee.

Clerks to Parliament
The Clerk-to-Parliament is a non-partisan public servant and the principal advisor to the Speaker and MPs on the privileges, practices, and procedures of the House.

The Clerk presides over the First Sitting of a new Parliament while a new Speaker is elected.
Mr Cyril K.O. Nsiah has been the Clerk to Parliament from 2020 to date.
Symbols

Logo of Parliament
The logo of Parliament is symbolic in many respects. It projects the Mace against the background of the Parliamentary Estate, encapsulating the colours of the national flag.

The Mace of Parliament
It is the symbol of authority of the institution of Parliament, of which authority is entrusted to the Speaker. The Mace stands upright before the Clerk’s Table during all Sittings of Parliament, except during the Consideration Stage of a Bill and at a sitting of the Committee of the Whole House when it is tilted towards the Chair to signify the informal nature of the proceedings.

At this stage, the rules of the debate are relaxed, and MPs can speak more than once about the issue under consideration at plenary.

When the President attends upon the House to deliver a Message on the State of the Nation, the State Sword, regarded as the symbol of authority of the State, takes the place of the Mace.

Speakers Cloak
Per the literature of Ghana, the Cloak and Gown are ceremonial dresses worn by the Speaker of Parliament.
Parliamentary Marshalls

They are responsible for all aspects of security and order in the Parliamentary Estate both inside and outside of the House.

It is well known that Parliament’s basic function is lawmaking. However, several functions are incidental to the performance of this function.

Among others, the following can be identified as functions performed by the Parliament of Ghana: legislative, financial, oversight of the executive, representational and deliberative.

All these functions are therefore guided by the 1992 constitution and the Standing Orders of the House.

Source: newsghana.com.gh