Foi Bill in Parliament, But Dark Clouds Still Hang Over WB U.S.$150 Million

By:Ebenezer Hanson

public agenda

Parliament is set to deliberate and possibly pass, during its Third Sitting, the Freedom of Information Bill, one of the three triggers to be met for the release of a US$150 million World Bank loan.

The money is desperately needed to finance the 2009 budget deficit of 13 per cent before the House rises for its Christmas break in December. The two other triggers are the National Petroleum Regulatory Authority and the Petroleum Revenue Management Bills.

The Majority Leader, Hon. Alban Bagbin, who disclosed this to Public Agenda in an interview in Parliament when the House resumed last Tuesday for its Third Sitting, was however uncertain as to whether or not the Freedom of Information Bill could be deliberated upon and passed before the end of the year. "The Freedom of Information Bill is a major bill considering its scope and that may take a while to deal with."

Even though laying the FOI bill before parliament is a welcome move, and no doubt an indication of government’s efforts at meeting its commitments under the loan agreement, the Bank remains unenthused.

"We will not be moved to disburse the money by any half-hearted attempt at meeting these commitments" said a source close to the Bank. The Bank’s position, Public Agenda can confirm, is to wait till all the triggers have been met before disbursing the rest of the facility.

In its October 19, 2009 edition, Public Agenda sounded the alarm bells regarding information it had picked from World Bank sources that Ghana would miss out on the loan if certain triggers including the Freedom of Information, the National Petroleum, and Revenue Management Bills were not sent to Parliament by the end of October 2009. The triggers were negotiated and agreed upon when the Government sought a US$300m budget support facility from the Bank.

In the said story, Public Agenda had made known how a source at the Bank’s office in Accra had revealed deep concern among Bank officials over the slippage, and the resolve of the Bank not to compromise on the triggers.

It is not usual for civil society groups to find common ground with the World Bank, but the Bank’s insistence on these triggers seems to elicit the support of groups that are perceived as critical of the Bank. The Deputy Executive Director of the Centre for Public Interest Law (CEPIL), Augustine Niber concedes that insisting on the passage of the Freedom of Information Bill is a good thing for transparency and accountability in governance. In his view, such legislation is key to ensuring openness in Ghana’s emerging petroleum sector.

Concerns are however rife that the late rush to meet the deadline for the triggers could short-circuit opportunities for civil society consultations. The Executive Secretary of Ghana Integrity Initiative, Vitus Azeem however, thinks there have been adequate consultations on the Freedom of Information Bill. "We have had opportunities to make input into the bill and we wait to see to what extent our concerns have been captured in the bill that has been laid before parliament" he told Public Agenda in a telephone interview.

Ghana’s seemingly lack of concern over the Bank’s threat is believed to be informed by a Chinese pledge of budgetary support should they be given a stake in Ghana’s Jubilee Oil Field. China National Offshore Oil Company is reported to have offered to finance G.N.P.C.’s planned purchase of Kosmos Energy’s 23% interest in the Jubilee field, and in addition, provide budgetary support to the Government of Ghana in exchange for a stake in the project. The government will have to weigh the risks as a donor gang-up against Ghana could in the long term can create fiscal challenges for the country.

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