Accra, Dec. 16, GNA- The Local Government Service Bill, laid before Parliament for re-consideration following proposals for amendment by President John Agyekum Kufuor, was on Tuesday passed by Parliament.
The Bill was on Tuesday taking though a third reading following a letter from the President addressed to the Speaker. Mr. Peter Ala-Adjetey, proposing that Clause 15 of the Bill, subsection (1) be deleted and substituted.
The Bill had already been passed by Parliament and submitted to President Kufuor for his assent. The President, however, wrote to Speaker informing the House that he could not give his assent to the Bill because of an inconsistency detected, which was contrary to the Constitution.
The President stated in the letter that it was noted that section 15 subsection (1) of the Bill vests the power of appointment of the Head of the Local Government in the President acting in consultation with the Minister of Local Government and the Public Services Commission.
According to the President," This provision stands contrary to article 195(1) of the Constitution, which vests the power in the President acting in accordance with the advice of the Governing Council concerned, and in consultation with the Public Services commission, subject to any delegation that I may make under article 195 (2)."
"In view of the identified inconsistency I am unable to assent the Bill and accordingly, in exercise of the power conferred on me by article 106(8)(a) of the Constitution, I return the Bill for reconsideration by Parliament to remove the inconsistency," the letter added.
Mr. Felix Agyapong, Majority Leader and Minister of Parliamentary Affairs, moved for the third reading of the Bill, which was seconded by Mr Abraham Ossei-Aidooh, Deputy Majority Leader and MP for Tema West. The amended clause was then made to read, "There shall be a Head of Local Government Service who shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Service Commission."
Mr. Modestus Ahiable, NDC-Ketu North, has earlier, expressed concern about the delay in bringing the Bill back before Parliament and informing the House about the re-consideration after the failure of the President to give his assent.
Referring to the Constitution, Mr. Ahiable said when the President fails to give his assent to a Bill passed by Parliament, for one reason or the other, Parliament should be notified within seven days of such an occurrence.
The Speaker agreed with the member but said nothing could be done under the circumstances since the same Constitution was silent on what should be done in the event of such a case and urged the Minister of Parliament Affairs to keep records and follow up on all Bills sent to the President for his assent.
The Speaker also charged the Clerk of Parliament to make available to the Speaker, copies of Bills sent to the President for his assent and reactions from the Presidency in relation to Bills.
Mr. Owusu-Agyapong earlier complained that he was not often notified when a Bill was forwarded to the President. This was after the Speaker had asked that he should be responsible for informing the House about the progress of Bills sent to the President. 16 Dec 03
