GRi in Parliament 31 – 01 - 2003
Minority condemn
increase on Road Fund Levy
The asserted that the price
build-up of the recently announced price hikes indicated that the fuel levy has
gone up from 230 cedis per litre to 400 cedis, an increase of 170 cedis per
litre that was without parliamentary authorization or approval.
Doe Adjaho,
Minority Chief Whip said this when he made an Urgent Statement in Parliament on
the Road Fund Levy component of the recent petroleum price increases announced
by the Government.
He said Article 174 (1) of the
1992 Constitution provides that "no taxation shall be imposed otherwise
than by or under authority of Act of Parliament". "Parliament has
authorised the government to impose a road fund levy on petroleum products
under Act 544 as amended by Act 577 at 230 cedis per litre. Therefore, the
additional levy of 170 cedis was unconstitutional and illegal", he added.
Adjaho said the government itself
recognised this and therefore indicated that the additional 170 cedis was to be
put into an Escrow Account (suspense account) but the law is clear, nobody can
make constitutional what is unconstitutional and therefore the Escrow Account
has no legal basis.
He therefore, called on the
house to condemn the illegal act of the government and reduce the price of petrol
and all affected petroleum products affected by the levy of 170 cedis per
litre.
"This position is in line
with the Constitution and law, unless a new Bill is introduced into the House
to amend the existing law' he added. Adjaho urged the
government to publicly declare what has been realised so far from the
additional illegal levy and use it to defray the "uncertain" Tema Oil
Refinery (TOR) debt.
The statement drew many
interruptions from the majority side who said the levy of 170 cedis was not
part of the Road Fund Levy and should not be confused with it. Osei Kyei Mensah-Bonsu, Majority Chief
Whip said since the member cannot justify whether the figures indicated were
for a tax or levy on the Road Fund showed that the statement was frivolous and
out of merit and should not be maintained.
Steve Akorli,
NDC-Ho East said the illegality of the Escrow Account was not in doubt at all
adding that over the years there has never been anything as such and it was
obvious that it was secretly put in place without parliamentary approval.
He said it was surprising that
the government continues to deal in illegalities without regard to parliament's
role in fixing of taxes and that this time round parliament would not accept
any such levies.
Alhaji Mohammed Mumuni, NDC-Kumbungu said the
statement raised very fundamental issues since it was obvious that the
government took an illegal act by establishing the Escrow Account without
reference to Parliament.
He said it would be wrong for
the government to think of regularising the illegality retrospectively with any
new bill or motion before later consulting parliament. Alhaji Malik Al-hassan Yakubu, NPP-Yendi in his
contribution said the statement has not been helpful to the House since it was
based on conjecture and so it should not be entertained.
Alban Bagbin, Minority Leader
said the admission by three Ministers of State at various forums that there was
an increase of 170 cedis to support road development and other projects was an
illegality and must be condemned.
Papa Owusu-Ankomah, Majority
Leader said the points raised in the statement was a directive to Government to
endeavour to comply with the constitution and assured the House that Government
would ensure that it confirms with the spirit of the constitution.
He called on members as
colleagues to ensure that they collaborate with the government for national
development and they should not always begrudge the government in media before
debating issues in parliament. Earlier the Speaker, Mr Peter Ala Adjetey
announced the death of John Setuni Achuliwor, NPP Member of Parliament for Navrongo
Central and a minute's silence was observed by the House before proceeding
started.
GRi.../
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