Bagbin calls for Constitutional Review

Accra, July 17, GNA - Mr Alban Bagbin, Majority Leader in Parliament, on Friday reiterated his call for the review of the 1992 Constitution, explaining that the conditions existing presently are different when the paramount legal document of the land was written.

He told the Ghana News Agency (GNA) in an interview that "laws and institutions must go hand in hand with the progress of the human mind". Mr Bagbin observed that human progress leads to development, enlightenment and new discoveries, which brings change and shape opinions.

"With the change of circumstances, institutions must advance and keep pace with the times," he said.

He said Article 108 deprived the Legislature of one of its most effective tools of exercising control of 'the power of the purse'. By this prohibition, Parliament is prevented from debating matters that involve expenditure from public funds, the imposition of taxation or the alteration of taxation on its own initiative.

Quoting extensively from a paper he presented on the issue at the 50th anniversary celebration of the Ghana Academy of Sciences, Mr Bagbin said, "With this limitation, the Executive can effectively control the way Parliament operates since Parliament is even impotent to take steps to improve its own facilities unless it can persuade the Executive to initiate such business on behalf of the House".

"This further raises the question of the extent to which Parliament can carry out effective oversight over the Executive. Article 103 of the Constitution, mandates committees appointed by Parliament to investigate and enquire into the activities and administration of Ministries, Departments and Agencies as may be determined by Parliament and such investigations and enquiries may extend to proposals for legislation.

The Majority Leader said: "Although article 103 appears to be a useful tool for parliamentary oversight of the Executive, it must be borne in mind that without executive initiative, the committees cannot even commence any enquiry and any proposal for legislation emanating from any enquiry. Once it has implications on public funds it cannot be introduced by Parliament because of the delimiting effect of Article 108 of the constitution."

Mr Bagbin said the limitation imposed by the provision was quite similar to the limitations of the colonial constitution of the Gold Coast from 1925 to the 1957 independence constitution and subsequent republican constitutions.

"These provisions have and continue to perpetuate executive dominance over the legislature. Even in the exercise of its legislative and oversight responsibilities, the legislature depends on the initiative of the executive.

"Some however argue that the limitation imposed by Article 108 does not serve as a complete bar on the legislative authority of Parliament, since it at least provides opportunity for Parliament to initiate a bill to reduce expenditure from the public purse. Nevertheless how do you reduce allocations which are already inadequate?"

Mr Bagbin said clearly the legislative authority provided for in articles 93(2) and 103(3) and the limitation imposed by article 108 of the constitution were inconsistent hence the need for a review. He stated that one of the provisions of the 1992 Constitution which has generated a lot of controversy since the inception of the Fourth Republic has been article 78(1).

This provision states that, "Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from members of Parliament."

The Majority Leader said experience over the past 16 years had shown that Ministers with Parliamentary seats tend to find it difficult to effectively combine the two portfolios and give out their best to both offices.

"By virtue of the demands of ministerial responsibility more often than not, Ministers tend to devote a lot more time to ministerial work and rightly so, because ultimate responsibility at the ministerial level rests with them. There is therefore the real challenge of divided attention, which is naturally not their making." 17 July 09