Parliament approves budget of Ministry of Justice

Accra, March 29, GNA - A Parliamentary Select Committee on Wednesday noted with concern that the gradual reduction in the staff strength of the Ministry of Justice is hampering the efficient delivery of justice.

The House Committee on Constitutional, Legal and Parliamentary Affairs said it had been very difficult for the Ministry to retain qualified personnel due to the low remuneration paid to them as compared to lawyers of comparable status in other organisations or in private practice.

The Committee was presenting its report on the 2000 annual estimates of the Ministry of Justice after Dr. Obed Asamoah, Attorney General and sector Minister, had moved a motion, asking Parliament for the approval of the estimates totalling 25.01 billion cedis.

The House subsequently endorsed the request after a debate in which Members expressed the need for the Ministry to be adequately funded to be able to operate efficiently and help create a just society.

The Committee, therefore, recommended a serious revision of the conditions of service of lawyers who work in the sector Ministry and the necessary improvements made to attract the requisite professional manpower.

It suggested that the Ministry and the National Service Secretariat should work out an agreement on how best the Secretariat could assist the sector in this regard.

The Committee again noted with concern the unattractive allowances paid to lawyers of the Legal Aid Board and said even though the observation was made last year, nothing had been done about the issue.

It, therefore, re-echoed its last year's recommendation for an upward review of the allowances for the attention of the House and the relevant ministries. The Committee was not clear as to the justification for the establishment of legal departments in some ministries, explaining that it was its view that Article 88 of the Constitution assigns the duties these departments are performing to the Ministry of Justice.

It, therefore, called for a critical look into the issue with a view to complying with the full import of Article 88. On the Registrar-General's Department, the Committee observed that the problem of funding had made it impossible for the Department to publish trade marks of companies, which is a requirement of the Companies Code.

The Department's internally generated revenue is paid directly into the Consolidated Fund as required by law. The report said under its strategic objectives, the Ministry last year developed a three-year composite strategic plan for 1999-2001 for the sector.

Among these were to formulate policies, monitor and evaluate their impact for the fair and efficient administration of the law and to evolve, revise and reform laws to make them consistent with the economic and social development of the country.

Other objectives were to increase access to legal aid services, improve the speed and effectiveness of both civil and criminal proceedings and ensure crime prevention and public accountability in the utilisation and management of economic resources.

The report said in spite of the inability to have all its approved financial estimates for 1999, the Ministry achieved some measure of success. For instance, about 80 per cent of the laws of Ghana were revised by the Statute Law Revision Commissioner and the operational capacity of legal institutions strengthened to support private sector activity.

The General Legal Council was able to train 85 lawyers out of the 300 budgeted to be trained while the Registrar-General's Department trained about a quarter of the total number of staff.

Under the Ministry of Justice are the Attorney-General's Department Registrar-General's Department, Serious Fraud Office, Law Reform Commission, General Legal Council, Council for Law Reporting and the Legal Aid Board.

In the debate, Nana Akufo Addo, Minority Spokesman on Constitutional and Legal Matters, noted the inadequate funding of the Ministry and said this undermines the sector's efficiency.

Nana Akufo Addo said there is a large number of remanded suspects in the prisons, and urged the Attorney-General and the Chief Justice to initiate action to ensure the speedy trials of these remanded prisoners.

He requested the Attorney-General to brief the House on the status of the deconsfication process, under which the government is returning some seized assets of individual Ghanaians.

The Minority ranking member explained that the request was made last year and the Attorney-General assured the House to accede to it but he has not been able to make good his assurance.

Nana Akufo Addo was of the view that the desconfiscation would promote the government's national reconciliation efforts and heal wounds of those who were adversely affected by the confiscation.

Mr Francis Agbotse, NDC-Ho West, urged the Ministry of Finance to release funds to the Registrar-General's Department to undertake its computerisation programme to be able to provide efficient services.

Mr C.O. Nyanor, NPP-Upper Denkyira, expressed concern about the large number of cases pending before the courts, and asked the Attorney-General's Department to expedite action for the speedy disposal of such pending cases.

Mr Kojo Armah, CP-Evalue-Gwira, said the situation whereby the police and the army are used in cases that are purely civil should not be allowed to continue, and called on the Attorney-General's Department to ensure that this was put in check.

Mr Kwame Dwamena-Aboagye, NDC-Asuogyaman, suggested that a law be enacted to allow revenue generating organisations to retain a certain percentage of such internally generated funds for their operations and thereby help improve the economy.

Mr Sampson Kwaku Boafo, Minority Chief Whip, suggested that arrangements be made to enable private legal practitioners to prosecute cases before the courts to help speed up the administration of justice.

Mr Yaw Osafo-Maafo was of the view that due to its strategic importance to business, the Registrar-General's Department should be given a measure of financial autonomy to use part of the revenue it generates internally to enhance its operations.

Papa Owusu-Ankomah, NPP-Sekondi, said one legacy that the Ministry could bequeath to the country was a programme for the restructuring of the Attorney-General's Department to meet the challenges of the new century.

Mr Francis Buor, NPP-Offinso South, said the legal system needs to be revamped to ensure speedy and efficient administration of justice. Winding up, the Minister noted the concerns expressed by members, which militate against the efficient administration of justice and gave the assurance that every effort would be made to ensure a just society in Ghana.

On the desconfiscation, he said he would brief the House on the state of the programme before the end of the year. Parliament also approved 113.88 billion cedis appropriated for the services of Government Machinery for the 2000 fiscal year.