Speaker of Parliament, Alban Bagbin has urged Trade and Industry Minister, K.T. Hammond to retract his contentious Legislative Instrument (LI) aimed at regulating cement prices.

The proposed L.I. faced opposition from NDC MPs, whose leadership surprisingly softened its stance later, allowing it to be presented, drawing criticism from some backbenchers.

Former Minority Leader, Haruna Iddrisu labelled the L.I. as unlawful, asserting it should not have been introduced and hinted at potential legal action.

He cited Article 11 of the constitution, which mandates regulations to be grounded in a parent act, specifically referencing the Ghana Standards Authority Act 2022, Act 1078 Section 80

”Mr. Speaker, Section 80 uses the word sale and advertising. This is pricing. Do they have a mandate to regulate based on 80? That is constitutional. The Ghana Standard Authority is an institution to regulate standards, not pricing. “

However, Majority Leader Alexander Afenyo-Markin expressed a different view, asserting that the Minister followed proper procedure in presenting the instrument for consideration.

Mr Afenyo-Markin emphasised that the content of the legislation, reflecting thorough deliberation, should be the focus, despite initial perceptions based on its title.

“However, Mr. Speaker, I heard you loudly when you advised that the Minister take a second look at all the concerns we have further discussed here. Mr. Speaker, I will carry it to him. He is not present with us, but I will carry that to him so that we can come back.”.

Chairman of the Subsidiary Legislation Committee, Dr. Dominic Ayine, highlighted that according to the Ghana Standards Authority Act, the Minister possesses the authority to establish regulations governing specific aspects of the authority's operations.

He emphasised that the primary mandate of the Ghana Standards Authority pertains to ensuring the standards and quality of goods manufactured in Ghana, not the pricing of those goods.

Dr. Ayine pointed out that Section 2 of the MPA Act explicitly mandates the MPA to regulate the petroleum pricing formula, which contrasts with the scope outlined in the Ghana Standards Authority Act.

He noted that he sought the Attorney General's opinion on the matter, and while Section 80 was cited as providing a statutory basis, he expressed disagreement with this interpretation.

“I also asked the drafting division of Parliament to provide me with an opinion, in fact, a written opinion, and that written opinion also said that they support the bases of the regulation in Section 80F and R of the Ghana Standard Authority Act. Mr. Speaker and I decided that we would proceed with the regulations at the pre-laying level and that I was going to raise it to the final report to the House.”