Speaker, MPs, Chief Justice, ministers excluded from using sirens in new Legislative Instrument on siren usage
The Road and Traffic (Amendment) Regulations, 2024 legal instrument which will grant privileges to certain state officials and institutions to use sirens on their vehicles or motorcades has been re-laid in Parliament.
The instrument, if the House ‘Okays’ it, will now allow the President, the Vice President as well as the Ghana Police Service, the Ghana National Fire Service and the Ghana Ambulance Service to use warning equipment during emergencies.
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The amended instrument will, however, not permit the Speaker of Parliament, the Chief Justice, ministers of state and members of Parliament to use motorcades or siren for official duties.
The instrument was re-laid by the Minister of Tourism, Arts and Culture, Andrew Egyapa Mercer on Wednesday [September 4, 2024], and Speaker of Parliament referred it to the Subsidiary Legislation committee for consideration and report.
Earlier withdrawal
On July 16, 2024 year the initial instrument, which was first laid on June 14, 2024, was withdrawn after the House rejected the L.I.
That followed a public outrage that saw Ghanaians condemning Members of Parliament for being exempted from joining 'traffic congestion' in the same manner as all other road users.
The public therefore called for immediate withdrawal of the proposed amendment to the Legislative Instrument (L.I.) before it matured into law after 21 days
Attempt to arrest instrument
Prior to the L.I. being laid by the minister, the former Minority Leader, Haruna Iddrisu, told the House he would want to “arrest” the laying of the instrument before it became a law after 21 days.
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He said from the copies of the instrument he had perused, the Speaker of Parliament and the Chief Justice had been taken off the list of officials that could use sirens on their vehicles.
“Assuming there is a crisis in Ghana that a President has to be sworn in and the Speaker has to be taken from somewhere to where he has to swear in the President, by this provision the Speaker is not entitled to a motorcade or police accompanying siren.
He said in his view, it was wrong for “the Number Three” to be out of the privilege of those allowed to use motorcade.
“Mr Speaker, you can keep ministers and MPs out but this Republic has four important personalities—the President, the Vice President, the Speaker and the Chief Justice. Therefore, taking off the Speaker and the Chief Justice is wrong and untenable,” he said.
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Possibility of annulment
Countering, the First Deputy Speaker, Joseph Osei-Owusu, said once an instrument had been laid, it became the property of the House.
He said the House could not effect any change, they had the authority to annul it.
“So, there is no need arresting this instrument being laid because if it is not laid Parliament’s power over it does not arise.
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“Once it has been laid and referred to the committee, if we want anything changed, we can then insist and either we add or subtract this or we annul it if we have two-thirds majority,” Mr Osei-Owusu said.
Majority Leader
The Majority Leader, Alexander Afenyo-Markin, said there was a pre-laying and members were able to make an input.
He, however, expressed dismay that MPs, who collectively resolve to support the instrument, made a turnaround to “save their face” since MPs did not use sirens all the time.
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“You are a politician and you cannot take public bashing and go and explain matters to them.
“Very soon, if we are not careful and the public out there lose hope in us none of us will be left standing since the political class is trivialising everything,” he said.
Allow consideration
Expressing his view on the matter, the Speaker of Parliament, Alban Bagbin expressed worry over the failure of the members of the House to be prepared to take “responsibility and defend your position” on the instrument.
He said because of the weakness of the House, Ghana’s democracy was very weak too, saying that “that is how come we are where we are today”
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He said as far back as 1995, he, as a member of the government of the day, was able to lead the House to get over two-thirds majority to reject an instrument during the First Parliament “you people refer to as a rubber stamp Parliament”.
He said MPs must be ready to lead and persuade their constituents with the assurance that everything they did were done in their own interest.
He said there were only two people that were elected on December 7 during election year—the President and the member of Parliament.
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“The two of you are to lead the people to make their conditions better and then you allow yourselves to reduce to nothing else because you are afraid of responsibilities,” he said.
Urging the House to stand for what was right, the Speaker also urged the House to allow the Subsidiary Legislation Committee to go look at the instrument and come with a report for the House to annul the instrument with two-thirds majority or otherwise.