PNAfrica and UGPH Successfully Host Public Lecture on Private Member’s Bill Regime in Ghana

The University of Ghana Parliament House (UGPH), in partnership with Parliamentary Network Africa (PNAfrica), successfully hosted a highly impactful public lecture and forum titled “Four Years of Private Member’s Bill Regime in Ghana: The Experiences, Lessons, and Ways Forward.” The event, which took place on July 16, 2024, at the School of Public Health Auditorium at the University of Ghana, brought together a diverse group of stakeholders to discuss and evaluate the PMB regime in Ghana.

The forum was held as part of UGPH’s 20th-anniversary celebrations under the theme “Celebrating UGPH’s 20-Year Journey in Consolidating Democracy: Nurturing Ghana’s Future Leaders.” It provided a platform for parliamentarians, civil society, youth and gender-based CSOs, youth parliaments, the Graduate Students Association of Ghana (GRASAG), the Political Science Students Association (POSSA) from various tertiary institutions, and other stakeholders to assess the significance of the PMB regime and address the challenges faced in the legislative process.

Event Highlights:

• Keynote Address: Hon. Alban S. K. Bagbin, Speaker of Parliament, delivered a compelling keynote address, emphasizing the importance of the PMB regime in enhancing democratic governance and legislative efficiency.
• He highlighted the importance of the Private Members’ Bill’s discussion on the platform of student leadership to coincide with the 20th-anniversary celebration of the University of Ghana Parliament House (UGPH), which was established by the Parliament of Ghana in 2004.
• He commended highly the Parliamentary Network Africa (PNAfrica) for providing sterling leadership in the Parliamentary Monitoring space and its proactive approach to ensuring citizen participation in Parliamentary Democracy in Africa. “I must commend the organizers for taking great interest in the work of Parliament and for creating this opportunity for us to have such an important conversation. PNAfrica is a discovery.”
• He again lauded the Parliamentary Monitoring Civil Society Organization (CSO), for its key role in promoting the Private Members’ Bills regime initiated in Ghana four years ago and for identifying the University of Ghana Parliament House platform for the forum.
• “Today’s forum is very timely as it offers the universities, particularly the University of Ghana Parliament House an opportune platform to reflect on an important development of our legislative process. This hitherto was unknown in our practice. That is the introduction of Private Member’s Bills in Ghana,” Speaker Bagbin observed.
• Panel Discussions:The forum featured insightful panel discussions with distinguished speakers, including:
  • Francis-Xavier Sosu– MP for Madina
  • Alfred Tuah- Yeboah – Deputy Attorney General and Minister for Justice
  • Maame Adwoa Gyekye-Jandoh– Senior Lecturer, Political Science Department, University of Ghana
  • Sammy Obeng– Executive Director, PNAfrica
  • The discussion centered on the topic “Assessing the Legislature-Executive Relationship, a Case Study of the Private Members’ Bill Regime in Ghana.”

Key Outcomes:

• Enhanced Understanding:Participants gained a deeper understanding of the PMB regime’s significance and its impact on Ghana’s legislative process.
• Analyzed Implications:The forum critically analyzed the implications of the President’s refusal to assent to PMBs on the work of Parliament and democratic governance in Ghana.
• Actionable Recommendations:The event culminated in the development of a policy brief with actionable recommendations to address the ongoing impasse between the Executive and Parliament, aimed at fostering a harmonious relationship between the two arms of government.

Feedback and Future Steps:

Attendees lauded the forum for its timely relevance and the comprehensive discussions it facilitated. The insights and recommendations generated from the event will be instrumental in shaping future legislative processes and enhancing the effectiveness of the PMB regime in Ghana.

Joana Oppong, Project Officer at PNAfrica, stated, “This event has not only highlighted the achievements and challenges of the PMB regime but has also paved the way for meaningful dialogue and collaborative efforts to strengthen Ghana’s democratic governance.”

About Parliamentary Network Africa (PNAfrica):

PNAfrica is a Parliamentary Monitoring Civil Society Organization headquartered in Ghana that promotes Open Parliament and is dedicated to supporting parliaments across Africa to enhance transparency, accountability, and citizen engagement. The organization focuses on strengthening parliamentary committees for effective oversight, building the capacity of parliamentary staff for improved service delivery, and promoting gender equality and social inclusion in parliamentary processes.

Background

A Private Member’s Bill is a proposed legislation introduced by a Member of Parliament (MP) in their capacity as an MP. It is distinct from a Public Bill introduced by a Minister of State on behalf of the executive arm of government. Although the 1992 Constitution of Ghana does not expressly confer power for the enactment of Private Member’s Bills, there are sufficient provisions in the Constitution where this power is implied. These provisions include Articles 93(2), 108, and 22(2). Notably, the enactment of Private Member’s Bills is an entrenched feature of most parliaments in the Commonwealth, including New Zealand, Australia, Canada, the United Kingdom, India, Norway, Nigeria, and Kenya.

On 16th July 2020 the Parliament of Ghana passed a resolution to commence the admission of private member’s bills. The House anchored its resolution on the reasoned opinion of Nana S. K. B. Asante, stating that “Article 108 of the Constitution does not impose an omnibus prohibition on the initiation of all legislations by a Private Member, since every Member of Parliament can introduce legislation which does not have specific financial implications spelt out under the Article 108(a) when exercising its powers to enact Private Member’s Bill (PMB).

And since then, 12 PMBs have been presented to Parliament, out of which Parliament has passed six and two have been assented to. The first private member legislation in Ghana is the Road Traffic (Amendment) Law (Act 1054) which was assented to by the President on 29th December 2020, 11 days after it was passed by Parliament on 18th December 2020. The second is the Criminal Offences (Amendment) Law on Death Penalty (Act 1101) which was assented to on 2nd August 2023, 8 days after it was passed on 25/07/2023.

What are the issues and challenges?

Despite the progress made in relation to PMB in Ghana, tensions have arisen between the Executive and Parliament regarding the passage of PMBs. The President has refused to assent to four out of six PMBs passed by Parliament, citing advice from the Attorney-General and Minister of Justice that the bills contravened Article 108 and lacked fiscal impact analysis as required by the Public Financial Management Act 2016 (Act 921).

The pending bills include:

✓ Criminal Offences (Amendment) (No. 2) Bill, 2023

✓ Armed Forces (Amendment) Bill, 2023

✓ Criminal Offences (Amendment) Bill, 2023

✓ Human Sexual Rights and Family Values Bill, 2021

The University of Ghana Parliament House (UGPH), was established in 2004 by the Public Affairs Directorate of Parliament of Ghana, with the aim of providing students with a platform to engage in meaningful discussions, debates, and decision-making processes, and ultimately to imbibe among students’ parliamentary rudiments.

The UGPH is celebrating its 20th anniversary under the theme: “Celebrating UGPH’s 20-Year Journey in Consolidating Democracy: Nurturing Ghana’s Future Leaders.” As part of their celebrations, UGPH partnered with Parliamentary Network Africa (PNAfrica) to host this public forum on the topic “Four Years of Private Members Bill Regime in Ghana: The Experiences, Lessons and Ways Forward”.