Speaker of Parliament Alban Bagbin’s recent directive for the House to re-examine the passage of the Human Sexual Rights and Family Values Bill, commonly known as the anti-LGBTQ+ bill, has prompted calls for a comprehensive review of Parliament’s legislative procedures. Sammy Obeng, Founding Executive Director of the Parliamentary Network Africa, stated on Joy FM’s Top Story on Tuesday, June 2, that the controversy surrounding this bill highlights persistent issues with Parliament’s frequent relaxation of procedural rules designed to ensure thorough scrutiny, transparency, and public involvement in law-making.
Context: The Legislative Process and Procedural Rules
The debate centers on the fundamental steps involved in how a bill becomes law in Ghana. According to Parliament’s Standing Orders, a crucial step after the clause-by-clause consideration of a bill is the production of its final amended version. Members of Parliament (MPs) are expected to receive and review this consolidated text before the third reading, a stage where the bill is voted on in its entirety.
Mr. Obeng explained that Speaker Bagbin’s directive suggests a concern that MPs may not have had adequate opportunity to review the definitive text of the anti-LGBTQ+ bill before its approval. This raises questions about whether the final version presented for the third reading accurately reflected the amendments and discussions from the consideration stage, and if MPs had sufficient time to understand its full implications.
Concerns Over Routine Rule Suspension
Parliament possesses the authority to suspend its own rules to expedite legislative business, a power often invoked. However, Mr. Obeng argues that this practice has become routine, frequently undermining the essential elements of legislative scrutiny, public consultation, and consensus-building.
“Parliament does these things all the time. We keep drawing attention to it all the time, including publications by us as Parliamentary Network Africa, to say stop relaxing these rules. Ensure proper consultation, ensure engagement and ensure consensus building. They would not listen,” Obeng stated, indicating a long-standing pattern of disregarding procedural safeguards.
Limited Public Participation in Law-Making
Beyond procedural adherence, Mr. Obeng highlighted a significant deficit in public participation within the legislative process. He claimed that a stark minority of bills passed by Parliament undergo meaningful public consultation.
“In the first year of this Ninth Parliament, of the 39 bills that were passed by Parliament, less than 10 per cent of those bills went through proper public participation, calling for memoranda and broader stakeholder engagement,” he revealed. This suggests a systemic issue where public input is often bypassed, even on significant legislation.
Implications for Parliament and Public Trust
The controversy surrounding the anti-LGBTQ+ bill and Speaker Bagbin’s intervention presents a critical juncture for Ghana’s Parliament. It underscores the need to re-evaluate and strengthen adherence to legislative practices that ensure transparency, accountability, and robust public engagement.
Failure to uphold these procedural standards can erode public trust in the law-making institution and lead to legislation that may not have been fully vetted or widely supported. The situation calls for Parliament to commit to more consistent application of its Standing Orders and to prioritize genuine public consultation.
Looking Ahead: Strengthening Legislative Integrity
Moving forward, the focus will be on whether Parliament takes Speaker Bagbin’s directive as a catalyst for meaningful reform. Observers will be watching to see if there is a renewed commitment to procedural integrity and public participation in the passage of future bills. The Parliamentary Network Africa and other civil society groups are likely to continue advocating for stricter adherence to legislative rules, aiming to enhance the quality and legitimacy of laws enacted in Ghana.
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