The Attorney General, Dr Dominic Ayine, has proposed that key public institutions, including health and human rights bodies, be exempted from certain provisions under Clause 11 of the anti-LGBTQI bill currently before Parliament.

The proposal emerged during ongoing stakeholder consultations by the Constitutional and Legal Affairs Committee, where concerns were raised that aspects of the bill could inadvertently affect public health education and human rights work.

The bill seeks to prohibit the funding, sponsorship and promotion of activities linked to LGBTQI matters.

However, several institutions, including the Ghana AIDS Commission, the Commission on Human Rights and Administrative Justice (CHRAJ), and health advocacy groups, have warned that the wording could interfere with their statutory mandates.

Chairman of the Committee, Mahama Shaibu, explained that the Attorney General is seeking to address these concerns through an exemption clause.

According to him, the aim is to ensure that legally mandated institutions are not restricted in the performance of their duties.

“The AG is proposing an exemption clause just so that we make it very clear that the AIDS Commission, CHRAJ, and all the other bodies will continue to do their work as mandated by their various enactments,” he said.

He added that the committee would consider the proposal alongside other legal interpretations to ensure the final wording aligns with the intent of the bill.

“We are confident that we have interpretation to look at, and we should clearly think of definitions that align with the object and content of the bill,” he said.

Debate over the bill’s implementation structure also featured prominently during the discussions, with members divided on which ministry should oversee enforcement.

Some lawmakers argued that the Attorney General should take a leading role due to the bill’s legal implications.

The Member of Parliament for Gushegu, Alhassan Tampuli, said the bill should be treated primarily as a criminal matter rather than solely a social policy issue.

“At the core of it is about regulating behaviour to avoid the commission of an offence. Much as we are talking about family values and all of that, it is also a criminal enterprise that we are trying to prescribe.”

He therefore suggested that the Attorney General should take charge of its legal direction.

“I think that the Attorney General should be the lead person to deal with this matter,” he added.

However, Mr Shaibu clarified that all legislative instruments must pass through the Attorney General’s office for drafting review before reaching Parliament, but this does not automatically assign implementation responsibility to the office.

“No LI that comes through Parliament has not passed through the AG,” he said. “They are by law supposed to. Even if drafted from a different department, it will still pass through the AG.”

He added that the current debate should not alter the ministry responsible for the bill’s policy direction.

“I think we should still leave this human sexual rights, family values bill under the care of the ministry,” he said.