?Your memorandum on the above-mentioned matter, which is dated 8th November, 2002, was received in my office on 19th November, 2002, when it was brought before me.
I immediately read through the little over seven pages of your memorandum and it was obvious to me that the matters raised therein are serious and concern all Members of the Honourable House as well as Mr. Speaker.
I have had a careful look at the relevant provisions of the Constitution of Ghana, 1992, and the Standing Orders of this Honourable House. I have also had a look at the various references that you made to Erskine May?s Parliamentary Practice and other authorities cited by you and in the India Lok Sabha.
The main question that has faced me is what my powers and duties are in this case in which you complain about certain actions taken against some Members of this Honourable House, including, in particular, the prosecution of the Hon. Member for Keta, the Hon. Dan Abodakpi, currently in progress.
I have come to the conclusion that the Speaker, in a situation like this where complaint is made to the House about a breach of privilege, should refer the matter to the Committee of Privileges, which should deliberate the matter and submit a report to the House.
Having regard to the fact that the Speaker, under the Constitution, is not a Member of Parliament, it is my view that the decision as to whether there has been or is a breach of privilege is a matter for the House itself which takes the decision after examining a report from its Committee of Privileges to which the matter would have been referred.
I do not think that it would be right for the Speaker on the basis only on a petition presented to him in his office to make any formal declaration as to whether in a particular case there has been a breach of privilege.
In your concluding paragraph you urged me ?to critically examine the matter and come out with a decisive direction to forestall the development of an elective dictatorship and encourage a representative expression of the House?s opinion on all matters?.
If I felt that I had the power or the authority in that regard, I would respond appropriately to your urging. Unfortunately, I do not think I have the power to come out with a decisive direction in the matter. In view of the importance of this matter as affecting the dignity and privileges of the whole House, I have considered it not only necessary to copy this response to the Majority Leader but also to make a copy of your memorandum to which I am responding herein available to him?.
(Signed)
Rt. Hon. Peter Ala Adjetey
Speaker of Parliament.
