Parliament failed on Thursday to meet the 21 days sitting deadline in working on Fees and Charges (Amendment) Instrument 2011 (L.I. 1986) that gives regulation to the Fees and Charges (Miscellaneous Provision) Act 2009 (Act 793).
The bill which became law in 2009 was a comprehensive rates, fees and charges collectable by Ministries, Department and Agencies for goods and services delivered to the public.
For this lapse, the regulation becomes a law without the review, explanations and debates on the proposed charges by the joint committee – Finance and Subsidiary Legislation Committee.
Dr Osei Akoto, New Patriotic Party (NPP) member for Old Tafo, who brought the issue to the notice of the House, sought the guidance of the Speaker, Mrs Joyce Bamford Addo since the day was the deadline for enforcing the regulation.
He called for the withdrawal of the regulation to give way for further consultation with all the institutions involved.
Mr Osei Kyei-Mensah-Bonsu Minority Leader endorsed withdrawing the regulation.
According to him, as it was the best option available and called on the House to do so.
Mr Cletus Avoka, Majority Leader, said there was no need to withdraw the instrument, since it did not contradict the parent act or the constitution of the land.
Mrs Bamford Addo directed that the leadership should meet and take decision on it.
Mr Avoka said the arguments raised were not enough to justify withdrawing the regulation and called on the Speaker to allow the regulation to mature for enforcement.
The regulation, which was laid close to the Second Session of the Fifth Parliament, could not be worked on because of heavy work load on Parliament.
When the Ghana News Agency spoke to the Subsidiary Legislation Secretariat (SLS), it indicated that because it was a joint committee the problem of quorum became a challenge as some New Patriotic Party members had to travel to their constituencies for their primaries.
This had compelled the office to wait till Parliament resumed sitting but was faced with a tougher huddle of having only two days to work on the regulation.
When the joint committee managed to meet on Wednesday (18 May, 2011) according to the SLS, the Finance Minister was not present.
Members of the meeting according to SLS held that since the matter was a major policy issue the minister should at all cost be present to make his input before the instrument became enforceable.
This decision was accepted under the plea of withdrawing the regulation on Thursday (19 May 2011) in parliament for the necessary work to be done on it.
Unlike normal bills regulations, orders and rules made by persons or authority according to article 11 of the 1992 Constitution are laid before Parliament or be published in the gazette on the day it is laid.
These rules come into force at the expiration of 21 sitting days after being so laid unless Parliament before the expiration of the twenty one days annuls the Order Rule or Regulation by votes of not less than two-thirds of all members of Parliament according to Article 11 (7).