Parliament has finally passed the Right to Information Bill, 2018 into law, after extensive debate on the floor from both the Minority and the Majority side.
The Right to Information Bill, 2018 was passed after the Minister for Information and Member of Parliament for Ofoase-Ayirebi, Mr. Kojo Oppong Nkrumah moved for the Third Reading of the Bill at the Plenary.
Presiding over the proceedings of the House, the Second Deputy Speaker of Parliament and Member of Parliament for Nadowli/Kaleo, Mr. Alban Sumana Kingsford Bagbin, moved the motion on the Bill for passage through a simple majority after the Third Reading.
The RTI Bill, 2018 was passed late in the evening at exactly 8:35pm on Tuesday, March 26, 2018.
However, several objections were raised by some Members of Parliament on some clauses of the Bill that were petitioned by the Coalition on RTI and other Civil Society Organisations (CSOs), to the Parliamentary Select Committee on Constitutional, Legal and Parliamentary Affairs, for further consideration.
The Minority Leader and Member of Parliament for Tamale South, Mr. Haruna Iddrisu, came under the Standing Orders of Parliament and invoked Order 130(1) for the amendment of clauses 18, 21 and 41 respectively.
Mr. Iddrisu again averred that the Third Reading and the Sponsor of the Bill should have been the Minister for Justice and the Attorney General and not the Minister for Information.
The Majority Leader and Member of Parliament for Suame, Mr. Osei Kyei-Mensah-Bonsu, pointed out that he already moved for a motion for the re-engineering of the Bill and who should be in charged of the RTI Bill, 2018.
Mr. Kyei-Mensah-Bonsu argued that the proposal before the Speaker on who should be in charge of the Bill was yet to be determined, and that the Minority Leader’s submission of a request for the Second Consideration of the Bill was out of order.
The Second Deputy Speaker of Parliament, Mr. Bagbin, stated that a motion has been tabled before him on an application for leave the to amend the motion in the Order Paper in item seven.
According to the Order Paper of Parliament in page 3 of item seven, it states that “that the Right to Information Bill, 2018 be now read the third time by the Attorney General and the Minister for Justice”.
Mr. Kyei-Mensah-Bonsu thereafter, moved for the motion that the RTI Bill should be read the third time and be moved by the Information Minister, as directed by the Second Deputy Speaker of Parliament.
The motion was then seconded by the Chairman for the Parliamentary Select Committee on Constitutional, Legal and Parliamentary Affairs and Member of Parliament for Offinso South, Mr. Ben Abdallah Banda.
The House finally, through a simple majority voice, moved for the amendment of the Sponsor and Minister in charge of the RTI Bill, 2018.
Minority’s objection
The Minority Leader, Mr. Haruna Iddrisu, again, invoked Order 130 of the Standing Orders of Parliament and requested for a second consideration of the Bill.
Mr. Iddrisu averred that Clauses 2,13, 18 and 41 of the RTI Bill, 2018 should be amended and go through the second consideration stage.
Member of Parliament for Tamale Central and a Ranking Member of the Parliamentary Select Committee on Constitutional, Legal and Parliamentary Affairs, Alhaji Abdulai Inusah Fuseini, seconded the motion for the second consideration stage.
Majority’s response
The Majority leader who doubles as the Leader of Government Business, Mr. Osei Kyei-Mensah-Bonsu, raised an objection that the request of Mr. Haruna Iddrisu was null and void.
His objection came under Order 130(1) of the Parliamentary Standing Orders, which states that “if any Member desires to delete or amend the provision contained in a Bill which has passed through the consideration stage or to introduce any new provision to it he may, at any time a Member rises to move the Third Reading of the Bill”.
Mr. Kyei-Mensah-Bonsu averred that when he moved the motion and the question was put before the House for a simple majority vote, the Minister for Information immediately rose up before Mr. iddrisu stood up.
The Majority Leader explained that Mr. Iddrisu is totally in breach of Order 130(1) of the Standing Orders of Parliament.
Mr. Kyei-Mensah-Bonsu pointed out that the Minister for Information was the first to rise before Mr. Iddrisu, and that the Standing Orders are clear on the procedure.
Withdrawal of motion
Mr. Iddrisu withdrew his application on the motion to amend Clauses 2, 13, 18 and 41 and subsequently, the second consideration of the RTI Bill, 2018 after the debate on procedure.
He indicated that he was seeking to call for the amendment for and on behalf of the Coalition on the RTI, for an improved legislation so that the Bill will serve a better purpose to combat corruption.
“Take note that my call was to ensure that the Bill serve a better purpose by ensuring proper accountability and the combat for corruption”, Mr. Iddrisu explained.
Chairman of the Committee
The Chairman for the Parliamentary Select Committee On Constitutional, Legal and Parliamentary Affairs, Mr. Ben Abdallah Banda, stated that an impression should not be created that the Constitutional, Legal and Parliamentary Affairs Committee is not with the Coalition on RTI.
He indicated that the Coalition has been with Parliament from the onset when the Bill was presented at the Plenary and subsequent referral to the Constitutional, Legal and Parliamentary Affairs Committee for consideration.
Mr. Abdallah reiterated that there was a stakeholder engagement with the Coalition, and that the Coalition brought their perspectives and views to bare on the Bill.
The Chairman for the Committee further explained that the proposed amendments seeking to be effected by the Minority Leader will not occasion any damage to the Bill.
He revealed that the Committee agreed with the Coalition that the Bill should go through the Third Reading for passage.
Speaker’s ruling
The Second Deputy Speaker of Parliament, Mr. Alban Bagbin, stated that the Speaker is the authority who has the power to identify a member or a leader rising, to contribute to a debate on the floor of the House.
Mr. Bagbin pointed out that the Speaker is the master of the rules of the House, and that he interprets the rules.
He indicated that there are many times that Members rise on the floor and have no intention to transact business in the House, and that immediately they are prompted, they resume their seats.
Mr. Bagbin stated that before the Information Minister rose to move for the Third Reading of the Bill, the Majority Leader was already on his feet to move for an application, to consider the second reading of the Bill.
Mr. Bagbin however, informed the House, that since the Minority Leader has withdrew his application on the motion to consider the second consideration of the Bill, he will allow the Minister for Information to move for the Third Reading of the Bill.
The Right to Information Bill, 2018, was thereafter moved for the Third Reading and was subsequently passed into law.
The Right to Information Bill, 2018
The Right to Information Bill is meant to ensure that citizens of the country have access to official information from Public Offices.
The RTI Bill, 2018, is implicit in the notion that the Ghanaian taxpayers need to have access to the Information concerning what Government does with their money and what government plans to do on their behalf.
The Bill is meant to put in effect Article 21(1) (f) of the 1992 constitution of the Republic of Ghana which states that “All persons shall have the right to Information subject to such qualifications and laws as are necessary in a democratic society”.
The bill was first drafted in 1999 and reviewed in 2003. It also spells out the establishment of the Right to Information Commission to ensure independence of the review process.
Source: GhanaJustice/S.Ayisi
