Parliament has withdrawn the Legislative Instrument 1716 of the Ada Songor Salt Development Committee Regulations 2002.
The Acting Chairman of the Committee on Subsidiary Legislation, Mr. Cletus Avoka said the decision was arrived at following consultations and agreement with the Leadership of the House and the Attorney General for the withdrawal of L.I. 1716.
The Minister for Mines, Kwadwo Adjei-Darko said, since the L.I was an important document and would require the support of not less than two-thirds majority to take a decision for its withdrawal it was necessary to set it aside since the House did not have the numbers.
Mr. Adjei-Darko also said after consulting with the Leadership of the House, it was necessary that the decision be set aside to show to the people the concern of the House towards repealing the Law on the L.I.
The Report of the Committee on Subsidiary legislation on the Ada Songor Salt Development Committee Regulations 2002, L.I. 1716 was laid in Parliament on Tuesday October 23, 2002 in accordance with Article 11 (7) of the 1992 Constitution.
The Committee observed that the L.I 1716 seeks to establish the Ada Songor Salt Development Committee to provide for its composition and functions relating to the preparation of plans and programmes for the development of the Lagoons capacity as a common brine source to support salt production.
It also observed the promotion of salt-based chemical industries and related activities including aquaculture for the area, the managing and supplying of brine from the lagoon salt producers in the area and the promotion and development of infrastructure and support services within the Ada Salt Development area.
The Committee also made specific observations in accordance with Order 66, rule three of the Standing Orders that even though section 18 of Act 450 enjoins the Minister to make regulations on the advice of the Minerals Commission, the prima facie has not been compiled with.
The Committee also took note of the fact that section 19 (2) of the enabling Act. 450, defines Minister as " the Minister responsible for Energy and Mines, however the L.I was being issued under the hand of the Minister responsible for Mines which in the view of the Committee constitutes an irregularity that ought to have been rectified prior to submitting the Regulations to Parliament.
The Report said meanwhile the L.I 1716 as provided for in Regulation Two, seeks to regulate salt within a specific jurisdictional area - Ada, rather that within the whole country.
The Committee therefore, wondered whether a separate set of Regulations may be issued by the Minister for the production, management and control of salt in other parts of the country, adding that the nature of the L.I 1716 imposes a limitation on its applicability to salt mining in other parts of the country.
The Committee also realized that the Songor Lagoon has been the subject of conflict and tension in the Ada Traditional Area. It was acquired by PNDC Law 287 that vented the Songor Lagoon and its adjoining lands in "the Council" in trust for its owners.
It said this relationship in the Committee's view enjoined Government to always consult with the owners and act in their best interest on matters relating to the Songor lagoon.
The Committee said it has therefore, observed that it would be more acceptable if the provisions of the L.I. 1716 are brought in the form of a Bill whose formulation is adequately informed by the views and concerns of the owners of the Songor lagoon than a restrictive procedure of Regulations as it was now.
It said it has examined the Regulations in the light of the relevant provisions of the Constitution, the Minerals Commission Act 1993, Act 450 and th4e Standing Orders and recommends that in accordance with Article 11 (7) (C) of the Constitution and Standing Order 77 ( C), Parliament annuls the Ada Songor Salt Development Committee regulations 2002, L.I. 1716.
