Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698838993790.pdf (Sierra Leone)
OAU DRIVE, TOWER HILL, FREETOWN P A R L I A M E N T A R Y D E B A T E S ____ [HANSARD] ______________ OFFICIAL HANSARD REPORT THIRD SESSION –SECOND MEETING THURSDAY, 29TH MARCH, 2021 SESSION – 2020/2021 OAU DRIVE, TOWER HILL, FREETOWN P A R L I A M E N T A R Y D E B A T E S ____ [HANSARD] ______________ OFFICIAL HANSARD REPORT VOLUME: I NUMBER: 2 Second Meeting of the Third Session of the Fifth Parliament of the Second Republic of Sierra Leone.
Proceedings of the Sitting of the House Held Thursday, 20th March, 2021.

2 CONTENTS I. PRAYERS II.

RECORD OF VOTES AND PROCEEDINGS FOR THE PARLIAMENTARY SITTING HELD ON III.

ANNOUNCEMENT BY MR SPEAKER IV.

LAYING OF PAPERS: HONOURABLE MATHEW S. NYUMA [LEADER OF GOVERNMENT BUSINESS] V. GOVERNMENT MOTION: THE MINISTRY OF TRADE AND INDUSTRY 1.

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND MASCCEM INDUSTRY SIERRA LEONE LIMITED DATED DECEMBER 2020; AND 2.
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND THE DURA PLAST FERRO FABRIC SIERRA LEONE LIMITED DATED JANUARY, 2021.

VI.

BILL THE CYBERCRIME ACT 2020 3 THE CHAMBER OF PARLIAMENT OF THE REPUBLIC OF SIERRA LEONE Official Hansard Report of the Proceedings of the House _____________________________________________________________ THIRD SESSION – SECOND MEETING OF THE FIFTH PARLIAMENT OF THE SECOND REPUBLIC _____________________________ Thursday, 28 March, 2021.
I. PRAYERS [The Table Clerk, Mr Prince Oviasuyi, Read the Prayers] [The House met at 10:10a.m.

in Parliament Building, Tower Hill, Freetown] [The Honourable Doctor Abass Chernor Bundu in the Chair] The House was called to Order 4 Suspension of S. O.

5[2] HON.

MATHEW S. NYUMA: Mr Speaker, I think they need to move the poster so that I can catch your eye.

THE SPEAKER: Yes.

I am not having eye contact with you.

HON.

MATHEW S. NYUMA: Mr Speaker, I beg to amend the Order Paper.

THE SPEAKER: Okay.

HON.


MATHEW S. NYUMA: Prayers, that one has gone, Vote and Proceedings remain and announcement is okay, laying of papers is also okay.

The Order Paper is here, you can understand the present circumstance we are, and he has produced the Order Paper since yesterday.

We expunge item B from the Order Paper and 5 remain the same, Government motion B and C all of that.

Thank you.

There is no longer A because we have remove B.


The Minister is unavoidably absent and 6 remain the same, so we expunge B and C, 5 only Government motion and B is gone already which is Minister of Foreign Affairs and International Cooperation.

THE SPEAKER: Honourable Leader.

HON.

MATHEW S. NYUMA: Yes Sir.

THE SPEAKER: I am sure I am not the only one affected but would you kindly go through the post amendments again?

HON.

MATHEW S. NYUMA: Okay let me start all over.

From item 1 to 4a is okay.


THE SPEAKER: 1 to 4a?

HON.

MATHEW S. NYUMA: Yes it is okay.

THE SPEAKER: Are you amending 4a?

HON.

MATHEW S. NYUMA: It is okay.

We are removing B and C from the Order Paper.

5 THE SPEAKER: Okay.

HON.

MATHEW S. NYUMA: We move D and C, 5a is okay and 5b is expunged.

THE SPEAKER: 5b is expunged?

HON.

MATHEW S. NYUMA: Yes.

THE SPEAKER: Okay.

HON.

MATHEW S. NYUMA: And 6 is okay.

THE SPEAKER: And 6 remain?

HON MATHEW S. NYUMA: Yes Sir, thank you.


THE SPEAKER: Very well.

Although the Leader of Government Business says he was making a motion but I take it as that was implied.

HON.

MATHEW S. NYUMA: Thank you Mr Speaker.

I will still go over that.

I move to amend the Order Paper.

I think you were not with me when I started.

THE SPEAKER: Thank you.

HON.

MATHEW S. NUYMA: I move that I amend the Order Paper as I have stated it earlier.

THE SPEAKER: Any seconder to that?

HON.


BASHIRU SILIKIE: Mr Speaker, Honourable Members, I so second.

[Question Proposed, Put and Agreed to] [Order Paper for Thursday 29th April, 2021 has been adopted as amended] CORRECTION OF VOTES AND PROCEEDINGS FOR MONDAY 19TH APRIL, II.

2021.

6 THE SPEAKER: We shall now consider the Vote and Proceedings of the forty-first Sitting Held on Monday 19th April, 2021.
In doing so we shall skip page 1, page 2, page3 and page 4 containing the names of Members of Parliament and we now consider the record from page 5 and page 6.

Can someone please move?

HON.

AMBROS M. LEBBY: I so move Mr Speaker.

THE SPEAKER: Any seconder?

HON.

JOSEPH W. LAMIN: I so second Mr Speaker.

[Question Proposed, Put and Agreed to] [Correction of Vote and Proceedings for Monday, 19th April 2021 has been adopted] III.
ANNOUNCEMENT BY MR SPEAKER THE SPEAKER: The announcement I have to make is one of recapitulation because I made it the first time on Monday the 19th at the end of our proceedings when I took the opportunity on behalf of Parliament to express to the people of Sierra Leone our regret for the incident that happened here on that day it should never have happened.
Honourable Members are expected by the general public of this country to conduct themselves in accordance with the law and to behave as Honourable Members always.

What happened is not unique to this Parliament, some might even say it is an incident of our democratic process; it is part and parcel of the expression of our democratic rights and obligations.
Sometimes we express them within the confined of the law but on exceptional occasions, we do so outside the strict limits and the strict boundaries of the law.

It is my fervent hope and prayer that what happened here on Monday the 19th will be recorded in the annals of history as most exceptional and not one that characterises the ordinary Sittings of this Honourable House and that we will relegate that incident to the attics of ignoble history.
Never again I hope shall we see it repeated, never again will the conduct of Honourable Members stray beyond the Honourable like to involve bringing into this House the elements that dominate our 7 proceedings on that inglorious day and I hope to continue to enjoy your confidence and trust and I assure you of mine at all times.

I thank you.

LAYING OF PAPERS: HONOURABLE MATHEW S. NYUMA [LEADER OF GOVERNMENT BUSINESS] HON.

MATTHEW S. NUYMA: Thank you Mr Speaker for that brief announcement.
I beg to lay on the Table the Report on stakeholder’s discussions on the ACP and EU relations benefit challenging and the way forward.

GOVERNMENT MOTION: THE MINISTRY OF TRADE AND INDUSTRY DR HINGA EDWARD SANDY [The Minister of Trade and Industry]: Mr Speaker, Honourable Members, be it resolved that this Honourable House hereby ratifies the following agreements which were laid on the Table of the House on Monday 19th April, 2021.

1.
1.

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND MASCCEM INDUSTRY SIERRA LEONE LIMITED DATED DECEMBER 2020.

2.

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND THE DURA PLAST FERRO FABRIC SIERRA LEONE LIMITED DATED JANUARY, 2021.

Mr Speaker, Honourable Members, these two agreements is all part of the New Direction agenda to promote industry in this country.
As we all may aware cement particularly has taken central stage as one of the highest commodities in demand, this has resulted to shortages recently due to foreign exchange constrains.
As a way to alleviate this problem, the Minister of Trade of Industry engaged MACCEM Industry Sierra Leone Limited to extend their operations in the manufacturing of cement aiming 8 at the market penetration price that will not only show availability and affordability of cement but also stabilize the price of Portland cement.

This is a gross of the agreement between the Government of Sierra Leone and MACCEM Industry Sierra Leone Limited.
We are expecting an investment of $10Mil in two phases; the first phase which is going to involve establishment of a lose block facility processing plant with the capacity of 200,000 metric tons of cement per annum.
This will commends with the importation of raw material for which the company intends to initially import and estimated 300 metric tons of cement in large jumbo bags to be subsequently repackage in 50 kilograms and in the second phase which will involve the setting up of a primary cement processing grinding plant in the Western Area which will have an installed production capacity of 250,000metric tons.
The expected benefits are enormous particularly noting the fact that Sierra Leone has signed to the ECOWAS trade liberalization scheme as well as the continent of free trade agreement.

This Industry would not only be producing cements for local demand or also be aiming at market within this to bigger markets.

It will aim at helping to cut down on our importation of cement while as well promoting export of this cement to ECOWAS as well as the Africa market.
Mr Speaker, Honourable Members, these agreements will promote human capacity and technology transfer to Sierra Leoneans and Sierra Leone will have a nitch in the sub- region in the global market.

The expected financial dividend will be maximise to provide social services for the people of this country.

There will be externalities for local Sierra Leoneans supplies for goods and relevant services such as transportation, input supply, warehousing and others.
Dura Plast intends to establish an industry that aims at recycling both plastics and scrap metals.

Dura plast will integrate its operation with steel manufacturing with an install annual production capacity of 150,000 metric tons thus resulting to 2 folds of its portfolio, plastics wear, an iron, and steel industries.
Mr Speaker, Honourable Members, the Plastic wear Industry is expected to be completed and operationalized in 2022 and this will require an estimated largely equipped investment of in excess of $24Mil to establish a fully modern plastic 9 manufacturing plant with the capacity of 30,000 metric tons per year.
It is also expected to provide at least 2,500 direct and indirect jobs and training in the complete value change for the country’s youthful population on latest technologies and equipment used in the various manufacturing sectors.
The iron and steel manufacturing plant of the company has an investment estimate of in excess of $45Mil to engage in recycle scrap metals and thus providing thousands of employment for the country’s youthful population, it will cater for local market and a reasonable price as well as how a country to save an estimated $112Mil on importation of iron and steel based on research conducted in 2020 in the sector.
Mr Speaker, Honourable Members, the expected benefit are huge promoting export, substitution drive as well as promoting export.

A new outfit will address the high supply of both plastics and steel product which are currently imported.
There will be positive indirect effect on the economy centre in the project operational areas especially as it will improve the livelihoods of our rural population both in the local retail trade plastic and steel products will improve considerably and also will improve the livelihood of the rural population.
In the long run, medium to long term, this company intends to extract iron from our own iron ore which is definitely going to have huge impact on the economy creating jobs and allowing our own raw materials produced in this country to be process and used by Sierra Leoneans.

Mr Speaker, Honourable Members, on this note, be it resolved that this Honourable House hereby ratifies the following agreements which were laid on the Table of this House on Monday 19th April, 2021.

1.
1.

Agreement between the Government of the Republic of Sierra Leone and MACCEM Industry Sierra Leone Limited dated December 2020.

2.

Agreement between the Government of the Republic of Sierra Leone and the Dura Plastic and Ferro Fabric Sierra Leone Limited dated January 2021.

10 THE SPEAKER: I thank the Minister of Trade and Industry for that presentation.
Before I propose the question to the House I would like to take this opportunity to remind all of us that we will be meeting here in this conference room which is the Bintumani conference centre only because the building designated for our usual ordinary meetings in this Parliament is undergoing substantial renovation, we don’t know exactly when that will come to an end but please let be reminded of the fact that the rules and regulations that are pertained to our Parliament building have been brought along with us to this conference room.
I want to take the opportunity to thank and applaud all those who have complied with the dress code and I want to give an opportunity within the next few minutes to those who have not still complied to kindly do the needful.

The rules regarding our dress code follow us wherever we go and hold a Sitting of Parliament.
I think once again Honourable Members, let me repeat I thank, applaud and congratulate those whose dress code is compliant and remind those whose dress code today is none compliant to please do the needful, before I begin to name names.

I will give you a few minutes to make the necessary adjustment.
[Question Proposed] THE SPEAKER: By the way let me take this opportunity on behalf of the entire House to express our very hearty congratulations to the Honourable Veronica Kadie Sesay for the national honour so graciously bestowed upon her by His excellency, the President on the occasion of the 60th Independence Anniversary of our dear country and I extend the same congratulation to the Honourable Sidi M. Tunis.
Well I am afraid I happen to belong to an old school and I am sure the Honourable Kandeh Yumkella also belongs to that school and that school teaches me one thing that Honorary Degrees are Honorary Degree, the title doctor remain silent for good it has to be earned before you are address as doctor.

Shall we proceed on that note please?

HON.

VERONICA K. SESAY: Thank you very much Mr Speaker.


Mr Speaker, Honourable Members, let me join you again to say thanks to His Excellency, the President for awarding me great award, I appreciate everybody and I believe this award is not only for me but for everybody in this House especially the 11 women of this Parliament because the recognition has shown that we women are there and there is light at the tunnel.
So, I want to say thank you and thanks to everybody who have appreciated His Excellency, the President for this great award.

Mr Speaker, Honourable Members, coming to these agreements proper I believe these two agreements in front of us this morning is very important.

They are important in the sense because we are all beneficiaries in one way or the other, you might be a contractor, you might want to be build a house, you might want to do something for your constituent.
I engage the business sector few days ago about the escalated prices of commodities especially the essential commodities like cements, iron rod and rice everything that came out.

Talking about the freight charges, talking about containers, talking about bringing the commodities here and let me tell you cements is one of the essential commodities that can break a Government.

Some people might want to politicize it not knowing that it is a global thing that is going round.
Talking about the pandemic that has engulf the whole nation, you can say Ebola was a little bit better because it started here and the people who are supporting us were sending support but this time is the reverse, it has started from those who were supporting us in terms of bringing raw materials, helping us with rice and the likes, it has started there so is a big problem for us.
I am talking about encouraging people now to be producing things here I think it’s timely and I want to say bravo to the Minister of Trade and Industry.

Mr Speaker, Honourable Members, let me say Trade and Industry is one of the biggest Ministries that is helping the Government to grow because everybody here is a business person on one way or the other, you might be a business person; I might be a business person.
So, I think is very important and I want to say thanks to everybody for pushing this Bill so that the Government can grow as we are talking about New Direction and I want you to still try to encourage more investors to come.

Mr Speaker, Honourable Members, let me come to the MACCEM Industry; initially we had one local producer in Sierra Leone which is the LEOCEM.
Sometimes when you want to buy cements you can be there for about two days with your trailers waiting, you have to queue but this gentleman is going to do a phase one project by starting 12 with 300,000 metric tons of cement that will be packaged in Freetown.

So, the taxes that were paid in overseas are now going to be pay in Sierra Leone, you can now pay a little bit of tax, and with that we will follow the Committee to do oversight duty and see if what was stated in the agreement is been followed.
I also hope it will happen if it is been package in Sierra Leone then definitely the problem of escalating price of cement will be reduced.
The phase two of the MACCEM within twenty-four months will construct part of primary production plant similar to that of LEOCEM, and it will create job facilities especially for those who are coming from the Eastern part of this country and my Honourable Members who are leaving there will make use of that by engaging that particular Industry so that they can help the youth who are always saying S.O [2] “bra u borbor dae ya” it will stop.
You will go there and plead with them to employ especially the labourers, so that the youth will no longer stand at Eastern Police and other communities to say S.O [2] “u borbor dae ya” it will ease because you will go quietly to your house while they will be engaged doing their work.
Mr Speaker, Honourable Members, also the production of 42 high grade in 50kg packs are going to be packaged in Sierra Leone and when it is packed then it will be ready to be taken to some other countries, to the regions and the provinces.

Talking about trucks and trailers this gentleman has had so many trailers lined up so that they will be taken cements to the various Districts as promised.

So, talking about trade, sometimes the further you go the higher you pay your transportation.
Going to Kailahun I believe you will be having one truck that will be taking the cement there whilst you will be paying Le20,000 or Le15,000 per bag maybe it will be little bit cheaper, and if there are taking it again to Moyamba it will be a little bit cheaper instead of using this public transport.

So, these are the goodies that are inside this particular MACCEM Industry and the benefit is supporting of the Government Sierra Leone.
Mr Speaker, Honourable Members, let me give you few bullet points in relation to the support this Government will be having.

The Government has consented to enter into agreement with MACCEM for the establishment of cements production plant, and also the MACCEM has been granted 5 years concession on the import duty on plant 13 machinery and equipment.
So, if the cements are been baggage in overseas they will be paying to other people while we will be suffering here and the tax payers will suffer because there is a saying; when two elephants fight the grass suffers and we don’t want that suffering again.
I listened to one of them when they came few days ago, he said; the Minister has asked me to pay or to start to sell according to the Government price, he said I agreed in tears, I am suffering in tears, I said we don’t want you to suffer in tears, but to be happy in your production.

So, with that these people would not want the people to be suffering in tears.

Additionally, only 5.0% on custom duty for raw materials, 10% custom duty for ball cement and 0.5% ECOWAS levelled.
This is where we the Members of the Committee on Trade do our oversight to follow because we want to see the interest of Government has been realised; whether you have to reduce all these percentages so that the price of cements will go down.

Mr Speaker, Honourable Members, I hope and believed if after approving these agreements today by next week, because the man has the zeal, he is so happy, he is so committed to make sure that we allay the fear of the people especially the Honourable Members.
The advantages of MACCEM Industry, let me just give you few bullet points on these agreements will provides direct and indirect employment to a large number of Sierra Leoneans and contribute a major part in terms of gross domestic product with the expected sells of about $30Mln annually.
These agreements will generate a lot of tax through GST and withholding taxes, these agreements will brings money to Sierra Leone instead of spending it out in order to pay for freight charges because what they told us the last time they said the containers initially was $6000 now it has gone up to $12000.

In fact one person will not be able to hire one container except they come together to hire a container so that their businesses will come to this country.
So, these are the reasons why we are hearing or seeing these escalating prices on commodities.

This agreement will also create healthy competition between LEOCEM and MACCEM that will benefit the consumers.

Pretty soon you will be hearing from other investor writing us want to come do similar investment.

So, you see the competition will be very great, and they will meet corporate social responsibilities in our communities they are 14 operating.
So, for Honourable Members, who are coming from those constituencies that are part of the city please make sure it is bonded duties on the MACCEM because there are using the facilities of this nation, and the tax payer are paying, so let them make use of those tax payers.

Whether it is one percentage make use of the corporate social responsibilities, it is their bounded duties, they should do something, we want to have schools, and hospitals, help the poor.
We have to make sure we follow them for their corporate social responsibilities as stated in the agreement.

Mr Speaker, Honourable Members, as a Chairperson, I also want to encourage MACCEM to be producing sachet because we spoke about it during a meeting that we held.
The packaging is another issue that need to be done in Sierra Leone because it will be a burden to order for them, wherein they will pay huge money again and taxes are been reduce, and when they come here again the have to pay for those taxes just to come with come empty sachet.

So, I want to encourage if he is here Mr Minister for our sincere thanks and appreciation for the kind gesture that this man is doing for us in this country.
Mr Speaker, Honourable Members, the next one is the Dura Plastic and Ferro fabric in Sierra Leone.

You will all agree with me about the beauty of Rwanda, it is one of the beautiful cities in Africa because they are recycling plastic, wherein you hardly see plastics on the streets, you will not even enter with plastics in Rwanda.
I could remember vividly when we went there two or three years ago, we were told at the Airport that please Madam with due respect if you have plastic you know some of us like to carry black plastic, we have our shoe and some other items.

They took us in one room and removed all the plastics because they said plastics are hazardous things that will never rotten, they don’t encourage it at tall, and they gave us papers to park our shoes.
So, if you are talking about Rwanda we want to see Sierra Leone like another Rwanda, because we have faced similar problems in terms of crisis, we want to be beautiful like Rwanda, let us start recycling.

It is very necessary for people who are saying S.O [2] “U borbor dey yaa oo” or even the beggars on our streets will start to gathered plastic and know where to take them and it will create job facilities.
The 15 country will begin to clean, and sometimes the gutters are fill with rubbers when it rains, it comes from the sea and the most interesting part of it people through dirt in the sae and as a Sherbro let me tell you the sea does not accept anything that doesn’t belong to it, its sent it back.

So, if you are to throw dirt to the sae it will bring it back to you.

If I am lying go back to bay or go to the other areas when it rains all those rubbers come back.
So, now those rubbers that are been packed there will be people to be gathering it and take them to the factories to buy and that one will create another job facility or it will eradicate poverty.
Mr Speaker, Honourable Members, some people were grumbling about poor quality of iron rods indeed sometimes they are poor qualities because these scrap metals that people go around to buy when they take it back there they make money out of the moneys that we have bought these metals, they come again and sell it to us but now it is going to be process here.
I think is a bravo to whoever is going to do this things and not only to produce low quality or substandard, we want to get quality, we don’t want to see sometimes the called it Chinese and when you say you go to China to buy is left with you to choose because they have substandard, they have low quality, they have poor quality, and they have VIP, so is left with you to buy.

So, for us Sierra Leoneans we have agreed and we are going to approve this agreement.
Mr Speaker, Honourable Members, we are doing to do our oversight in order to monitor and see whether those iron rods are good for us and also coming to the plastic slippers, sometimes when you buy your slippers for your kid just about one or two weeks it will be wear out and you throw it away but now they are going to make use of it.

So, this agreement is very timely and important because it can help the nation, it can help to grow the economy, and it can help to even reduce poverty.
Now, you will go and get the slippers instead of getting it for LE5000 when it is been produce in Sierra Leone they will say made in Sierra Leone and I know you will be very proud to see made in Sierra Leone.

So, our people will be happy, and with that I think is timely all these two agreements are going to benefit Sierra Leoneans.
16 Mr Speaker, Honourable Members, I want to ask you all for the sake of the Independent, let try to show case that we too can do it, if they have done it we in Sierra Leone can do it, in the 60th year.

Thank you very much and I want to ask all of you here, my sisters and brothers out there in the middle our Paramount Chiefs, we have to benefit from those two agreements instead of getting LE80,000 per bag of cement to Kailahun or LE100,000 let try to do it here.
So, with that I want to say thank you and thanks to the Minister for bringing these two fine agreements.

Thank you very much.

THE SPEAKER: I thank Honourable Kadie Sesay for her contribution to this debate.

I want to take note of the point she underscored the point about this essential commodities been produce in our own country and the high quality that will be assigned to them.
I hope when the Minister comes to response he will enlighten the House a little bit about the price element of these commodities because price is equally a matter of great interest not only to the House but the general public as well.

There is no one else wishing to catch my eyes, the Deputy Whip well your Chairman has already spoken I will like to give others an opportunity.

I recognise the Honourable Member from Kenema.


I am afraid he caught my eye little too late, let me be fair, after him the Honourable Leader of C4C will follow.

HON.

ABUBAKARR FOFANAH: I thank you Mr Speaker.


Mr Speaker, Honourable Members, having listen to the Chairman of the Trade Committee, I just want to make a brief observation because the agreements is good having said by the Trade Committee Chairperson but I just want to advice the Minister of Trade and Industry, I am part of that Committee and I am just receiving this copy today been that… HON.

MATHEW S. NYUMA: Point of order Mr Speaker.

Honourable Member sit down; Sit down please.


This document has been distributed over a week ago, and my colleagues on the other side know about that.

You cannot bring document here and if 17 you cannot receive it is your responsibility.

So, please go to the topic and forget about you see your document today.

HON.

ABUBAKARR FOFANAH: Okay.

Having said that by the Leader of Government Business I know the agreement is a good agreement.
I just want the Minister at the end of the day when we shall have passed these two agreements it is not in the interest of our citizens.

So, I want to call on the Minister of Trade and Industry to please make sure that these agreements are done in a way it is supposed to be.

I thank you Mr Speaker.


THE SPEAKER: I thank the Honourable Member, so that we don’t raised this matter again it has been brought to my attention that the relevant documents including the Order Paper were actually distributed in Parliament at Tower Hill but a lot of you did not turn up there and for that reason the documents were collected from your pigeon holes and brought here today so that you would have them with you for the purposes of this Sitting.
Those of you I am sure who went up Tower Hill even on the just a casual visit must have obtained your copies from your pigeon holes yesterday or before well you were there the wrong time.

The Honourable Emerson Leader for C4c you have the Floor.

HON.

SAA E. LAMINA: Mr Speaker, Honourable Members, I rose to have a bite on these agreements at hand and I understand that both agreements are non- controversial and I for see the cut down on unemployment for our youth in this country.
Looking at iron ore related Industry as well as cement Industry it will actually defeat monopoly of over five decades in this country by LEOCEM, I see $10Mil to be invested in two phases.

You will all agree with that SL mining in all of its glory they only accounted for $3Mil as far as loyalty and benefit to this country.
I see $10Mil to be invested in two phases for Sierra Leoneans and what also comes agreeably to this agreement is the production of 300 metrics tons at a start and a transfer of technology to Sierra Leoneans.
This is local content policy coming on board, it is high time we began to see our academics that are in charge of curriculum development to focus their attention on the youth from Grammar school system of learning to that of the 18 middleman power that is what has made Ivory coast and Guinea very great in their middle man power, it will go a long way.
It should not be on S.O [2] “a Poapa” issue that until I have five WASSCE or five London GC before going in to the University, but with three credits WASSCE or two O’Level credits they can become very good citizens in technology, medicines, carpentry, pluming, and in electronica.

Mr Speaker, Honourable Members, my only fear in these agreements is the energy.
Energy sector has to strengthen their work, in the bringing of the West Africa Power pool, when you talk of iron ore production you are talking of energy.

The West African Power pool would have done their little best but when we cross checks with Liberia their is a little slow on the project coming from Ivory Coast through to Liberia, to Sierra Leone, but Liberia has to wake up for us to catch up with such a huge elephant agreement.
Mr Speaker, Honourable Members, there comes to mind if the Bicongor Dam can also come to speak to boost up the West African Power pool.

I am telling you the investor can have a safer heaven in the production of both iron ore and cement.

We cannot talk to exhaust Section [7] of our Constitution that talks of a resilient economy, if you can only utilised the mineral resources that we have then Sierra Leone is bound to have a resilient economy.
Only one drawback I can see in these agreements, subsequent times I encourage the Honourable Minister to woo investors to the provinces such an agreement will actually encouraged urbanisation, people will crop on from the provinces feeding this small city that we have.
Subsequent times, I woo you to convinces the investors for decentralisation let go to the provinces, the nearness to raw materials like iron ore can be produce in Bumbuna and Lunsar bringing them closer to the raw materials it will go a long way.

This will be very good for our economy if the citizens start shifting the attention from the capital to the provinces.
Mr Speaker, Honourable Members, I call upon colleagues that much as these two agreements are non- controversial that we ratify them with speedy desire.

Thank you very much.

19 THE SPEAKER: I thank the Honourable Member.

I somewhat observe a seeming conspiracy of silence from the Members to my left or is it a hangover of last Sitting that is still impacting on the minds of the Members to my left?

Okay, bear with me let me give the Floor to the Deputy Leader of Government Business.

HON.
HON.

BASHIRU SILIKI: Thank you Mr Speaker.

Mr Speaker, Honourable Members, of course our brothers on the other side are very okay with these documents because the silent of them to speak volumes.

I know they are okay.

Thank you very much for satisfying with these agreements.

We know this nation will not move in to the next level if we do not open Industries and Manufacturing Companies.
It is clear that the exchange rate is pressing the Leones because we have not been able to provide for ourselves and we have not been able to export.

It is only when the state exports its own goods that will allow that state to bring in foreign currency from other countries.

I am very pleased to see argument of such nature been Table here for approval.
Mr Speaker, Honourable Members, we have two agreements here and thankfully for us coming from Bothe the Dura Plast and Ferro Fabric will be hosted in Bo District.

We are very pleased and the last budget reading by the Minister of Finance told us he is going to encouraged manufacturing companies that will be investing in the provinces they will be given tax concession.
Today we have stated seeing companies establishing in our various District, this is a huge investment and is not just an investment that would be exported but is an investment also that will be creating opportunities for us as people of this country.

We have seeing how some of these investments which doesn’t compete each other are risen their prices but when we have more of them we expect the prices to compete and we would have options as citizens.
Mr Speaker, Honourable Members, the MACCEM Industry will be responsible for the production of cement and selling at wholesales.

If there is a need they will have to export to the Sub Region of Africa at large.

When we have Industries of such nature competing with LEOCEM and DANGOTE would definitely see a reduction of cement 20 price.

For the last few months, we have seeing systemic increase of cement price from LE57, 000 to LE80, 000 because there is no competition.
Mr Speaker, when you have competition between two people they will negotiate and increase their prices but when you have the competition between plenty players it will be difficult for them to reached at a particular agreement.

So, today after bringing these agreements, in effect would have competition between plenty other players and we would not have a competition in which two players would negotiate and determine the pricing.
Mr Speaker, Honourable Members, our brothers are say is because of taxation but there is no place in the World were taxation are not levied, that is the more reason I accept with you perfectly, that is the more reason we are bringing a Manufacturing Companies when we have a state that depends solely on taxation to pay salaries and to do other developmental activities, that is why taxes are high, but we now have Industries that will be importing and we will be generating more funds for Government and that would reduce taxes on other commodities.
It is very clear that we inherited weak companies, weak industries from the last system, companies that will not start the test of time, that is why when we came we are relying on taxation, and that is why we are feeling it.

I am very happy because industries are now coming in, there is no way Sierra Leone can be dependent on itself without bring in more industries.
Mr Speaker, Honourable Members, when we talk about the steel company it is heart rendering that we don’t have a simple steel company in this country.

Every steal that is been used today is been imported from either Asia or America but today when this agreement becomes a law, we will begin to see our own steal company that we will be competing with the foreign steel that will be coming here.
These steel companies are going to get their raw materials from here, so we don’t expect them to increase prices as those that are coming from Asia.

Mr Speaker, I am very pleased when industries of this nature come into reality because jobs would be created.

I am very sure the young people of this country will be over excited to hear that manufacturing companies will be established.
One of the Industry 21 will be providing direct and indirect jobs of 2,500 Sierra Leoneans is no mean number of employment for our young people and the other Industry also will be providing jobs of more than 2000 jobs.

So, in the shortest possible time these two agreements will be having job opportunities for not less than 5000 Sierra Leoneans.

Thank you very much Mr Minister for this types of agreements that comes to this Parliament.
I understand clearly why our brothers are shouting because these agreements will keep them in perpetual opposition.

Mr Speaker, Honourable Members, we have no option on this side and in the middle of this Well and on that side also we should support these agreements because it is going to reduce prices of steel.
Of course the ton of iron ore now I can tell you categorically is LE8,000,000 because we don’t have steel companies here, the iron ore are been imported and when we begin to manufacture our own iron ore, they can now begin to cushion the pressure on the average man who want to erect structures.
As a Government we are going to protect our own companies, we are making sure we give them the greatest opportunity for them strived and succeed, we would support them and I will assure Mr Minister on our part that we are giving you the fullest support for the MACCEM Industry to succeed.

Mr Speaker, Honourable Members, it is a ten years agreement that we would be extended, we expect this company to leave forever only if they meet the demands as been stated in these agreements.
The Bo people are very pleased, thanks to His Excellency, the President for considering us from Bo.

We are very pleased with these agreements; I am going to assure you that the Bo people are going to give their utmost support to make sure that this company succeed in what they are created for.

Thank you very much.

THE SPEAKER: I thank the Honourable Deputy Leader of Government Business for his contribution.
Despite the expansive nature of this auditorium I don’t know whether I am alone but the mikes here do not sound very good.

There is a certain vibration that is affecting the communication as a whole.

Before I recognised the Honourable that actually caught my eye I am reminded of communication that I received I think 22 yesterday the untimely demise of the mother of our dear sister the Honourable Catherine Z. Tarawally, Member of Parliament from Makeni.
May I asked all of us to please rise and observed a minute silence in memory of the faithful departed, may Allah almighty forgive the Mistakes of the faithful departed and grant her gentle soul eternal rest in his heavily kingdom Amen.

I now recognised the Honourable Member from the Western Area.

HON.

AJIBOLA E.M SPAIN: Thank you very much Mr Speaker.


My reaction is a reaction to your comments I credit you for been observant and your mentioning of the silence from this part of the Well, but our query is that we refer to our silence as a conspiracy of silence it may be the case silence can be contempt to describe it as a conspiracy of silence would not be appropriate because for been conspiracy connote criminality, conspiracy is a crime.
THE SPEAKER: This is not the case as to commit an unlawful offence.

HON.

AJIBOLA E.M SPAIN: Please Mr Speaker let me just finished we… THE SPEAKER: Honourable Member, now that you have taking the Floor it ceases to be a conspiracy any more.

HON.

AJIBOLA E.M SPAIN: Thank you very much, we appreciate that but we never conspired.

We are silent like the Honourable Chairlady of the Committee says silence can be consent but we would like you to express those words.

Thank you very much.


THE SPEAKER: I think we can now conveniently bring this debate to a closed and let me start by asking the Leader of the Opposition to make his contribution followed by the Leader of Government Business.

HON.

CHERNOR R.M BAH: Mr Speaker, I have heard you like five times this morning reminding this House on some of the things that happen on the 19th of this month.
So, I just want to says that our position on that day is still the same and this document were supposedly laid on that date, so as a result we would continue to be silent Thank you Sir.

23 THE SPEAKER: Well, I started off by observing that there was a seeming conspiracy of silence but the Honourable Member has reminded me that there is no such conspiracy and seems to impute some element of criminality, far from that been the case.
The mere fact that you have spoken and now the Leader has spoken means is indeed that there was no conspiracy in the sense of an agreement so to speak.
But haven said that let me say in responds to what the Honourable Leader of the Opposition has just said and I do this by way of a reminder because I am sure all of you are perfectly aware of the relevant provisions that “the ruling of Mr Speaker, cannot be challenged in this House or outside of this House it is final and conclusive.” It is so stated in Section [94] of our granum, the Constitution of the republic of Sierra Leone 1991 and is also amplified in our standing orders very clearly.
I was never on my high horse, I descended from that high horse long time ago but let truth be told, and I repeat whatever may be your personal interpretation, the law is the law and it has to be obeyed.

The law says the ruling of Mr Speaker is final and conclusive.
So, with that I hope it will be therapeutic to Members of the Opposition once you realise that, then I am sure you willingly participate in the proceedings of this House, otherwise the sacred duty you owed to your constituents and to the country will not have been fulfilled.

As we heard from the Leader of the opposition, so it shall be recognised by me I will therefore now turn to the Leader of Government Business.

HON.

MATHEW S. NYUMA: Thank you very much Mr Speaker.


Happy birthday to my brother, friend and comrade, may you live long to celebrate many birthdays and that the evil spirit may not conceive you and may you triumph over evil.

He has demonstrated Leadership in Parliament since 2007 and you will continue to do that.
I believe their silent as you mentioned has to do with their own opinion, for us on this other side we don’t have problem with that, we believe in the processes and procedures in Parliament and all of us need to respect that and we will always respect that and I have tremendous respect for them irrespective of circumstance at any moment, we will have our own position and they will have their own too.
24 Mr Speaker, let me go to the agreements we are now talking about changing the narrative in terms of investments and in terms of nation building, talking about the finish industry, having our own companies and Industry in Sierra Leone.

Is very clear between the agreements as highlighted by the Chairperson of Trade Committee and re- echo by the Leader of Coalition for Change and emphasised by my Deputy Leader.
Mr Speaker, Honourable Members, there are two components we need to look at for example; the Dura Plastic and the Ferro Fabrics in Sierra Leone.

First, we need to seek the Government’s position in terms of these agreements and the other one we need to look at is the company’s investment portfolio.

So, when you look at these two areas you can understand that they have done some amount of negotiations in the interest of the people of Sierra Leone.
For example; the Government will seek employment which the Minister mentioned and re-echoed by my Colleagues that the direct investment in these particular agreements is something like 2,500 metric tons, but beyond we are talking about training facility for our young population that we need to give them the technology transfer.

So, is beyond employment, we also need to empower our youths.
Mr Speaker, let me take you to paragraph 4 and page 3 to which talk about Government expectations in these agreements that has to do with the Dura plastic and Ferro fabrics.
In page 2 paragraph 4, state that Government whereas the investors shall integrate a company with few manufacturing after installation, the production expectation is something like 150,000 metric tons capacity thus the country’s portfolio shall be in two folds; one talking about the plastic wears and iron ore and steel industries as plan.
The plastic wear industry shall be completed and operationalized in 2022, and I just want to emphasise that it is not just by a word of mouth but be emphasised in the agreements and largely the equity investment of over $24.3Mln established in fully modern plastic manufacturing plant that is the amount we are going to spend, that is what I want us to stress on when we talk about the portfolio for investment, we talk about how much we are go to inject.
For example; in excess monetary investment in terms of the maxim but these agreements is talking about the one that has to do with the iron ore and steel production, is really good for our people 25 of Sierra Leone.

When you do that what you get in the capacity production is 30,000 metric tons per year in these investments.
So, this is very clear that the investment is not only talking about the amount of jobs it will create but also this is what Government is seeking that you have to empower the private sector that is why we have brought in the Dura Plastic and other companies so that they can create more jobs.

Also they are going to inject enormous money into the system that can enable the economy to be vitalised.
Mr Speaker, Honourable Members, another benefit of these agreements is the construction of Manufacturing Industry as the Honourable Member from Bo said; from these agreements they are going to acquire land from Bo District and we also said in the Finance Act of 2021, corporate tax will be giving off 25% if an investor want to invest in the rural sector and that is what exactly we are now implementing in these agreements.
So, they have given them concession and they will be able to take this company to Bo because they want this company to invest in the rural sector and the rural sector is also important for us to diversify the economy so that incentive was given in the last Finance Act 2021, 25% of that.
Mr Speaker, Honourable Members, in paragraph 2, that which I have dealt with in terms of job creation and also the return age of steel and iron ore in the Manufacturing Industry of this particular company, it is very good for us to look at the company’s obligation because is not only talking about where Government is seeking employment and trying to see how best we can give incentive to private sector so that we can benefit from whatever development, but talking about the finish industry.
We also need to look at our own oversight functions as Members of Parliament in these agreements; we also need to know the company’s obligation as stated in Article 4 and page 7.
Mr Speaker, with your leave I will like to read so that Members can understand that there must be certain provisions we need to follow and even during an Oversight and even for the Ministry to know that there is obligation that this company needs to observe during their operations because we have talked about the money, we are going to invest, talking about job creation, and technology transfer.
Let us specifically look at 26 their obligation in Article 4 going to 4.2 page 7 “the company shall exclusively undertake and own as property the project to construct, develop and establish the infrastructure and install and operate a facility to produce plastic wear, iron and steel packaging and distribution.” So, it has to do with a whole lot of chain in terms of this investment first you have to do the construction which my Deputy Leader cited that they are going to invest in Bo District, they are going to construct a ware house, they are going to construct industry but what is specific is the value chain been given to this production they are going to produce steel, packaging and distribution.
The Chairperson of the Trade Committee mentioned that packaging is very important so we should take note of that Mr Minister.
Mr Speaker, Honourable Members, “4.2.2 the company shall undertake to comply with provisions of all laws especially labour and social security laws for the recruitment and employment of staff.” There is a Section we enacted in the Finance Act 2021, which is Section [50] if my memory can serve me well that if you want to involve into an employment especially for the unskilled for certain level of employment you need to go through the labour system.
If there is nobody qualified for a particular operations in Sierra Leone let us take note of that and the company is also committed to employ a greater portion of Sierra Leonean staff for jobs not requiring high level technical expertise whilst providing requisite on job training of personnel.
I inter earlier mentioned that one of Government expectation is that they are yearning to have jobs for our young Sierra Leoneans but that is not only be at the end of it all, we are talking about technology transfer and training which we need to emphasise.
If you have establish industries, I mean stricto senso you are going to start with people who are more coming from the specialise industry and Sierra Leoneans you cannot get them readily so when you bring them what you do, you look for knowledge transfer, the knowledge transfer can only take place when you embark on training.

So, these provisions are very important Mr Minister.
Mr Speaker, Honourable Members, the other provision is that the company shall develop a policy and set up a system to protect workers against occupational hazards, 27 accidents at work and other health risks in cognisance with applicable laws.

Sometimes, especially some of us who are involve in the Oversight visit, we get to places even from the Ministries, we always have departments that will take care of how workers are protected at different industries.
But sometimes we just do an Oversight, we don’t even care about our Sierra Leonean brothers and sisters working in these industries, but these agreements are making provision for that, we need to protect them, we need to look after them, these are the company’s obligation, it is not the obligation of the Ministry.

The Ministry and Oversight Committee their responsibility are just for them to go there to enforce this obligation that the company needs to observe.

THE SPEAKER: You may continue.


Suspension of S.O 5[2] HON.

MATHEW S. NYUMA: Mr Speaker, Honourable Members, as you said we have to look at some of these factors in line with what we call the company’s obligation which I have just cited are very important for us to do that because it has to do with the Sierra Leoneans and those who we represent here.
So, some of these agreements we need to look at the spirit of them, we need to look at the company’s obligation, these are all things that we are anticipating because these companies are coming to inject a lot of money into the investment, that does not means they should not live to their obligations.

There is also fiscal regime; the fiscal regime must be in compliance with our tax laws.
I heard my colleague from the other side talking about taxes, they are incentives and some of these incentives we need to follow and when these concessions are given, they are not given because of pro-bono business, they are given because they need the company to stay to survive so that they cannot disappear at that particular moment that they don’t have the finances or they don’t have the money to sustain the industry.
We are talking about the production and having the finish industry value added the long chain of production of packaging and distribution, there is a whole lot of job training and a whole lot of knowledge transfer.

So, in this case we look at fiscal regime because is very important.

We need to emphasise on the tax obligations and they are all indicated in Article 5 of this particular agreement.
28 Mr Speaker, Honourable Members, let us take a look at Article 7 page 12 which talks about the employment and training.
It is clearly stated in this provision, I mentioned Section [50] in the Finance Act 2021, the reason why I am taking you through is very important because the moment we pass these agreements in this House it appear as if there is no agreement, they now go in their own individual business, sometimes it is not because of the Oversight of these Ministries or the MPs, it is because people deliberately refuse to implement and enforce the laws that are enshrine in the agreement and they compromise with corruption, when they go they give them something, they put it in their bags, collect brown envelops, and they refuse to implement the agreement.
So, let us look at the employment because it is key, the company’s employment practices shall conform to the existing laws of the country, in no case shall the company knowingly after reasonable enquiry hired none Sierra Leoneans for unskilled positions unless subject to Section [50] of the Finance Act 2021.

Mr Minister, take note of these ones because they are the things that we are going to pass.
I am happy the Member of the Opposition is the Chairperson of the labour Committee and he is the Opposition Whip, let him take note of these issues, it is your right and responsibility to ensure that these laws are enforced and we will make sure they comply with this whole provision.
Mr Speaker, Honourable Members, clause 7.1.2 the company shall for the employment at all levels in financial, accounting, technical, administrative, supervisory and senior management positions and other skill positions give preference to qualified Sierra Leoneans who meet the minimum requirement and expectation of the company.
This is very important they will come and give the low grade jobs to our Sierra Leonean counterparts, they will give them job that is not important, we are talking about a higher level of employment, managerial employment that has to do with management in terms of financial dealings, these are required for Sierra Leoneans not because they are coming to establish here, they can go and take people from abroad, they are your brothers and sisters because you are investing in 29 Sierra Leone, even if you are injecting billions of dollars we are expecting you to follow the laid down rules and procedures for employment.
Mr Speaker, Honourable Members, we have talked a lot about corporate social responsibility, it is good to talk about cooperate social responsibility but it is not determine by the investors themselves or those who are going to come to invest or those who are in charge of the industry but must be determine by set of people.
Let me read page 13 clause 7.1.7 Mr Speaker, with your leave; the company shall develop a corporate social responsibility plan based on an assessment, based on community need in consultation with Environmental Protection Agency [EPA].

It is very important to talk about this; I feel to repeat myself about the environmental protection.
In recycling, this particular industry will be recycling plastic, so the EPA is very important and they rightly stated that all of these plastics deposit all over the place are going to be collected and recycle at the end of the day we can use them in different form, for rubbers and other things that you can think about, that can be used for domestic purposes.
So, they are also important in the corporate social responsibility because they are going to guide the community based assessment programme, what they do normally they will call and this is very dangerous especially for our colleagues MPs, don’t allow the company to call you to involve in taking up corporate social responsibility without going through the normal process, involving the community and EPA is a very dangerous move.
Mr Speaker, Honourable Members, in clause 7.1.7 you need to go through and assessment programme done by the community in consultation with EPA, so that our people can benefit.
I don’t need to emphasize again talking about training is also stated in clause 7.2 Mr Minister; I am citing this one because our Sierra Leonean brothers and sisters want to be train not only employed, when you employ me you should empower me and knowledge is power, if you transfer knowledge in fact even the company is not yet in existence Sierra Leoneans will come together to make their own investment programme because they have the knowledge because when you have the knowledge you can do anything.
30 Mr Speaker, Honourable Members, it will be good for all of us to maintain what we call the company confidentiality is very important in the company and is based on both agreements, talking about the maxim agreement, talking about the Dura plastic agreement, all of them so as much as we are protecting our Sierra Leonean brothers to be in high positions, we also expect them to maintain the confidentiality of the company.
So, if we are talking about confidentiality, we expect our senior Sierra Leonean brothers and sisters to comply in the various positions.

For the maxim, it is based on two investments in phases, you have phase 1 and phase 2.

For phase 1, the general investment is going to be in excess of $10Mln because of that they are expecting you to have two phases.
Phase one is going to build within twenty-four months, after you have what we call the metric tons in annual production, it will give 200,000 metric tons in a year, but there is a scratch in phase one, the Chairperson mentioned it but I will deliberately reads so Mr Minister, you can understand that is not like going directly to invest to have the expected metric tons that they are going to have at the end of the year there are challenges.
Mr Speaker, Honourable Members, phase 1 will commence with importation of raw materials from which the company intend to initially import an estimated 300,000 metric tons of cements in large jumbo bags of 2000kg to be subsequently repackage into 50kgs while the grinning plant is being completed.
Is not like when they are going to start they will not use raw materials imported from other countries, in this agreement you realise that in the particular provisions given for tax weavers for different tax levied for custom duties is stated in the agreement.
So, for the loose ball processing plant which I stated that at the end of the year you get 200,000 metric tons but also in phase 2 in the implementation that has to do with the rural sector in the Western area if you do the primary processing plant after installation you are expected to get 250,000 metric tons per year in production.
So, it is good for us to look at these two phases, because phase 1 is giving the leverage that they have to bring raw materials and given them the expected outcome that is going to be after that in phase 2, you are expected to have increase in metric tons of 250,000 metric tons per year.

31 Mr Speaker, Honourable Members, it is also clear to us that they also mentioned about the fiscal regime, the fiscal regime is very important.
If am in opposition I will always raise a lot issues about tax concession because tax concession must be implemented and must be observed by the Ministry.

The people have to benefit from tax concession, if you give tax concession to the company they must benefit and that is the reason you are raising questions, you give tax concession, it is our responsibility to meet their obligation.
So, the fiscal regime in term of tax concession is very important so we need to talk about that, and we have our Over Sight functions which we need to come that.

Mr Speaker, Honourable Members, I want to take you to page 11 where we talked about the raw materials in terms of tax weavers concession given and tax levied on them.

We want our colleagues to know that our Ministers and Administration we are doing a very good job and this is not a rubber stamp Parliament.
Taxes and import of raw materials, you know the reason why we need to take notes of this because there will be a time when Sierra Leoneans will be producing the raw materials is very important.

So, you need to take notes of this one, custom duty is 0.5%, custom duty is for bulk production, there is going to be loose ball that has to do with phase one, tax concession given to them at 10.0%, goods and services tax given is 15.0%, withholding tax 5.5% and the ECOWAS levied is 5%.
So, is good for you Mr Minister, is not because we want to talk, I know there is no controversies around the Bill but we have to give us the face that will seek the interest of Sierra Leoneans, we will not just pass agreement and put them into shelves, we pass agreement because we want the company to be in compliance with this agreement, this is the reason why I am stating this so that all of us can understand.
Page 11 is given clear tax concession on that, is tell you what do you need when you import raw materials, I am interested in the import of raw material because we need to develop our Agricultural sector, that is the reason our brothers on the other side are shouting too much of tax concession.

So, I am happy because you stated in there and thank you very much for that.
Mr Speaker, Honourable Members, I will take the last point in article 7, page 12 I will read the second and the third paragraph so that you can understand Mr Minister.
The 32 MACCEM is going to produce for the interest of Sierra Leonean, and this is key somebody mentioned that before you export you make sure that you satisfied the Sierra Leonean consumers first, you have to export if there is excess supply but even as that you can only export based on what you produce a day and we are expecting in this production a huge amount of over 2000 metric tons per business day, it is in the agreement.
So in that production Mr Speaker, if you are producing 2000 metrics ton per day for Sierra Leoneans for consumption, if there is excess in production and less in consumption if you want to export you should not export more than that, you not.
So let me read; “the company shall engage in production packaging distribution and whole sale of cements domestically and shall export to other countries where domestic need have been met.” When my colleague Leader of C4C mentioned about we had monopoly everything was given to LEOCEM but we did not see the required evidence in the interest of Sierra Leoneans brothers and sisters for our local consumption, what happen they were importing that is why I referred you to the raw material that we levied the taxes on so that we can understand that what we are doing is in the interest of Sierra Leoneans.
But what happened in LEOCEM they were importing more the material they were supposed to buy in Sierra Leone so the price of cements was just going up and that is what we are experiencing today.

So, if we are talking about this agreement it is specified here clearly in article 7 that you cannot export at all if you have not met the local consumption.

So, take note of that.

Mr Speaker, Honourable Members, let us look at page 7.2 which talks about the performance of initial investment obligations.
As I said for the steel iron and plastic production they have obligation we need to follow.

Mr Speaker, with your leave I will read the provision; “within six months of effective date the company shall invest in full industrial manufacturing plant that has the capacity to produce the range of product listed in this agreement and the respective targeted volumes.” So, I hope when you are doing your visitation at the industry you take note of that.
For clarity in the agreement, the factory is expected to process up to 200,000 tons of cements per business day.

In this agreement there is something what we call 33 termination clause within the first set of time given to them, six months to one year there is a provision for that.

If you cannot meet production the demands for Sierra Leoneans we have the right to terminate that agreement, there is a whole lot of process in that.
Mr Speaker, Honourable Members, finally talking about domestic sales and products is very important to the extent that there is sufficient; we are not limiting them because somebody mentioned that we are operating a free market system.

For examples; if we have excess in the country we should give them the leverage to export.
So, we have made provision in this agreement that in as much we are preventing them not to export we are given them the limitation but when there is excess supply in term of production we cannot consume because we have given them the leverage to export.

Let me read this provision so that we can understand.
To the extent that there is sufficient and effective demand for the cements manufactured by the company in Sierra Leone, the company shall sell to the domestic market or the amount of cements required from its production, where it is determine that the production capacity of the factory exceeds volumes require by the domestic market.
So, first we have compelled them to sale all their domestic product to our consumers and second we are looking at how do we export and that the production capacity of the factory exceeds the volume require by domestic market the company may export an amount not exceeding its excess of production per day.

That is very explicit that you cannot export more than what you are producing per day in that particular country of production.
That is the standard for all of the production that you are doing in terms of manufacturing industry.

Mr Speaker, sorry to take you long in this process to go through all of the articles, we are having companies, we had other companies before and they just disappeared because some of these agreements were not followed the clause with tended the spirit of the agreement, were not implemented.
So, I know we are protected; we look at the job creation, there is a whole thing on investment trade, there is money injected into the economy, how our people turn around.

For us the business plan needs money, we need money to make profit, so the more you invest the more you make profit but if we 34 don’t give them the environment for them to invest we will not get there.
So we have given them tax incentives but the tax incentive is not on pro-bono business it is tied to job creation, it is tied to knowledge transfer which we have highlighted in all of these.

There is termination clause if we cannot meet the demand for MACCEM you have from the Chairperson, there is so much price going up, when this company start we are expecting a decrease in the price of some of these commodities that we consuming.
Mr Speaker, Honourable Members, thank you very much for your contributions, thank very much for adding the value of this agreement and listening to us.

We know is a right for Members to participate or not to but we have respect for them for what they have done and we hope and pray for this country.

This agreement is not for SLPP nor for NGC, nor for C4C, nor for the Paramount Chiefs and nor APC but for the interest of Sierra Leone.
In the paragraph you said; creating indirect and direct 2,500 jobs and training is also involved.

This agreement is not about SLPP but we are talking about protection of Sierra Leoneans working in the particular industry is not about political party.

Mr Minister, you a role to play, we also have a role to play as Members of Parliament to do our Oversight functions.
We should platform to Sierra Leoneans in respective of your political believes, we should give them the platform to enjoy the goods of any administration.

Mr Speaker, Honourable Members, I am happy today talking about finish industry in Sierra Leone that is the narrative, that is the new direction.

May the Lord bless us all.

THE SPEAKER: I want to thank the Leader of Government Business for his very erudite contribution to the debate.
I am not supposed to descend to the Well but I will take this opportunity because he did not go to the extent of mentioning it but I will like to mention it and re-echoed the provision of this agreement for the benefit of the Oversight Committee and also for the benefit of the general public.

This agreement also provides in article 75 it has very important caveat.
It says not withstanding all that is said under article 74 which has been enumerated by the Leader of Government Business the company is subjected to the following restrictions; the company shall be restricted to limit its product to not more than 40% of its total production in any given 35 period.
I think that point need to be understood and underline because is beneficial to all Sierra Leoneans in the event of scarcity and the company is tempted to want to export its product is restricted to export not more than that quantity in other to ensure that there is always product for the benefit of Sierra Leoneans, over to you Mr Minister.
DR EDWARD H. SANDY [The Minister of Trade and Industry]: Mr Speaker, Honourable Members, I thank you very much for the energy you have put into this debate of these two agreements.

These two agreements are actually agreements that are going to impact particularly the construction industry of one producing cements the other producing iron ore.
The current prices of commodities particularly at this time with the impact of COVID has not been as the result of far as my knowledge goes any increase in taxes but has been as a result of increase in freight charges which are external factors and as a country we do not have any control.

I will give you an instance prior to COVID a metric ton of cements was imported from Turkey at $20 per metric tons, today freight for metric tons of cements from Turkey to Sierra Leone is $42 per metric tons.
If you take for instance what is happening with the 40feets container use to be freighted at $400 from China but today a 40feets container is freighted at close to $1,500 and this is something which is not only affecting Sierra Leones but is affecting every other countries particularly the African continent.

We do not have our own shipping agency or shipping companies and we have to depend on the global shipping that we have.

On to the agreements.


I want to thank all the contributors for their acceptance.

The Dura Plastic agreement is truly going to help grow our economy; industry development is a core component of the engine that promotes economic growth.
I will like to assure Members of this House that the Ministry of Trade meticulously uphold these two agreements and we have already put in place an implementation plan as well as setting up a monitoring and evaluation unit for all the agreements that we are doing with the private sectors.
I understand the concerns that agreement in most cases the implementation has not been followed through, but let me assure this House that under the current leadership the Ministry of Trade is going through on every term that is in this agreement brought to this House, as I speak to 36 you previous agreements are been implemented.

Today Sierra Leone has the lowest selling flour in the whole of West Africa because we signed agreements with two companies that are producing flour.
The Sierra Leone flour Mill that was shot down for over 20 years and the SLOCO which is currently embarking on building its facilities in Wellington that will be producing, processing and implement the bakeries and very soon they will be embarking on developing their Mills.

Sierra Leone flour Mill that was shot down is currently expanding its facilities to produce three times what it used to produce.
I think these are all indications that the Ministry of Trade is going through we looked at the critical role with industry growth is going to create to our economy, to proving jobs, to improving the welfare of Sierra Leoneans.

These agreements are actually drafted with the intention that this impact will be felt.

We are in engagement with the number of MDAs with the Ministry of Energy inclusively to look at the energy requirements for these industries.
Mr Speaker, Honourable Members, the Dural Plast and Ferro Fabric are going to meet their own energy requirements while the Ministry of Energy thrive to bring in more energy from other countries.

Dural Plast will be establishing a huge energy plant based on the use of heavy oil to produce energy and will likely go into an agreement with the Ministry of Energy for power purchase.
You can see also the provisions in these agreements addressing labour issues, and that is because there was very strong engagement with the Ministry of Labour to take a look at what labour requirements we should have in these agreements that will grantee job for not only our youths but for the entire population and also particularly for the localities where these industries are going to be established.
Our commitments to one District where one industry has just began, the commitment in our 2021 budget financial Act which gives a number of incentives to industries that will wish to establish factories outside the Western area was deliberately done to be able to help reduce the number of people living in Freetown to decongest, and Ferro Fabric is the first in this drive to establish a factory in Bo, and currently there is an negotiation with another company that is going to establish two factories in Port Loko District and engagement are on-going for another factories wish 37 to explore the resources in other part of the country and our overall plan is to have special economic zone policy which is truly going to impact an industry growth and of course is going to impact on economic development.
Mr Speaker, Honourable Members, so it does not surprise that a good number of people have made very good comments on the move which the Ministry of Trade has embarked on and I want to assure this House that the Ministry of Trade will facilitate Oversight duties of all Committees to ensure that this commitment which we arbitrate in this agreement are fully met and they have the desires impact on our people, on the economy and also on the communities as well they are going to establish.
It is on this note therefore that I ask Mr Speaker, Honourable Members, be it resolved that this Honourable House hereby ratifies the following agreements which were laid on the Table of the House on Monday, 19th April, 2021.

The agreement between the Government of the republic of Sierra Leone and the MACCEM industry dated December, 2020 and the agreement between the Government of the republic of Sierra Leone and Dural Plastic Ferro Fabric Sierra Leone limited date January, 2021.
THE SPEAKER: I thank the Minister of Trade and Industry.

Honourable Members, before I put the question to you there is one important aspect that I will want to invite the Minister to pay particular regard to.
It has come to my notice from my own personal investigations that insurance charges levied on import into this country during our unfortunate civil war period which is meant of course that the charges went escalated to high levels have still not diminished, that importers are still been charged insurance on their exports at levels that they were charge 19 years ago.
Even though the war ended officially in 2002 you may not be able to answer that question but let it be part of the work that this House is now asking you to investigate.

Insurance premiums charge on import into Sierra Leone have not declined despite this country’s war has ended 19 years ago were still paying high insurance premium on imports into this country and that is disadvantageous of course to the country and to the consumers in 38 this country.
So, please take note of that I don’t know whether you many want to respond to that briefly.
DR HINGA E. SANDY [The Minister of Trade and Industry] Mr Speaker, Honourable Members, His Excellency, the President set up an Inter-Ministerial committee to look into this and the World Bank been one of the things that was considered to list Sierra Leone as a high risk on destination is under investigation and we are working with global partners to look into that but beyond just the Word there are other issues which will include the period its take the ship to be landed at our port and piracy etc.
but the Inter-Ministerial committee is doing the work on that and I am very sure we are going have fine report.

Thank you.

THE SPEAKER: We thank the Minister for that assurance and we hope you come back to this House before too long with an explanation on that issue.

With that Honourable Members the question is that this Honourable House ratifies the following agreements which were laid on the Table of the House Monday 19th April, 2021.

Name; 1.
Name; 1.

Agreement between the Government of the republic of Sierra Leone and MACCEM Industry Sierra Leone limited dated December, 2020.

2.

Agreement the Government of the republic of Sierra Leone and Dura Plastic and Ferro Fabric Sierra Leone limited dated January, 2021.
[Question Propose, Put and Agreed to] [Government motion by the Minister of Trade and Industry has been ratified] BILL THE CYBERCRIME ACT 2020 THE SPEAKER: Honourable Members, I am advised that the debate now continues on the cybercrime Act 2020.

Sorry, first of all the marks tends to disguise your identity.

The Honourable Member you have the Floor.

HON.


DR MARK M. KALOKOH: Mr Speaker, Honourable Members, the cybercrime Bill that is before us and my comments on this particular debate will be centred on the infringement aspect of this cybercrime Bill.
First if have trust to the powers that were 39 given to the Minister in this Bill and I will also like to look at the levied and if you go to page 10 from clause 7 to 8 you will come to realize that this Bill gives enamours powers to the Minister other than the court and that in itself is a clear manifestation that we are not yet ready for a Bill of this nature.
Mr Speaker, if you look at clause 7 you go to the last line of clause 7 and the last line of clause 8 which says; “the Minister may by regulation made under this Act prescribe.” Mr Speaker, this will infringe into the privacy of the citizenry of this country and if we are to rely on the Minister making regulations leaving no room for the court which has the mandate to do that and therefore as citizens of this country and a lots of consultations we have made outside there, the feedback from our people it seems that a year ago we gave leverage to Government in this House of Parliament in the state of emergency they promise bringing regulation but they wilfully failed to come with the regulations to the Well of Parliament.
Are we going to trust this current Government when the enamour powers were given to the Minister to make regulations, no way Mr Speaker, we are afraid.

The regulation should be accompany with this document, we want to see the regulations and access them if they will fit the test of the citizenry, if they will fit the test of time, but to say this document passing this House then later the Minister goes out there and determine the regulations for the qualification of this document is yet to be seems.
We are not seeing it because we do not trust this Government and they started the issue in the state of emergency they promise bringing regulations onto the end of state of emergency we could not see any regulation, even the state of emergency was just illegal.

Mr Speaker, Honourable Members, when you go to clause 48 in fact they just compound the problem.
If look at clause 48, page 51 of this document which talked about the council and you can clearly see the political interference into the composition of the council they said the President is to be the Chairman of that council and all of the members are appointees of the President their loyalties lies to the President.

Therefore Mr Speaker, you can clearly see the political interference and the manipulation there.
None of those council members will there say the truth in the face of the President so you will come see that there is complete political interference, who they want to deal 40 with when once they decide in that council them they will go for that individual and to whom the council should report to if the president is the Chairman of that council.

where do they take its report.

So, are we saying that the President report to itself?

And the procedure here is wrong so therefore this document is not tenable.
Mr Speaker, Honourable Members, let me talk about the data protection.

We are bringing a situation the SLPP Government is not prepared for, they are not prepare because the data protection infrastructures are not there, how can this Government assure us of the data protection?

Let me now ride into the infringement, if you look at Section [25] of the 1991 constitution which talked about freedom of expression and the freedom of the press.
This cybercrime Bill is militating against that provision of the constitution and there is no way an Act if it is going to be approve, and there is no way this propose Bill can supersede the provisions of the constitution.
So, it is clear that this Bill intend to infringe into free expression, the media will be frustrated, you cannot seat in your cornea and discuss anything of the state, they just conclude go and take Kolokoh because even democratic state institution are now politicised, the Judiciary is one, the Sierra Leone police is another one and now Army is another one.

So, these institutions are now carrier because of political thought.
So therefore Mr Speaker, instead of them been professional they are now working according to the dictate of the Politicians.

Mr Speaker, Honourable Members, let us go to page 54.

We will want to get a clear explanation about the levied, if you go to page 54, clause 52a there is a levied of 0.05 of all electronics transaction by the businesses specified in the schedule.
In fact Adebayoh has become the thorn in your flash and now you are just substantiating the powerfulness of Adebayoh, it is not from us; you are calling the name of Adebayoh because he is powerful, we don’t know Adebayoh but you know Adebayoh.
Mr Speaker, for us here as the main Opposition of this Government and for us here as the All People Congress which is the only party that has this country at heart, which is the only party which foster development in this country, which is the only party not regionally based but nationally based.
The cybercrime Bill is not good for this country, we cannot take all the powers and give to the Minister and all the powers and give to 41 the police, this document has not yet pass the police are doing things in excess particularly against the Opposition Members, we are not saying Sierra Leone should not be part and parcel of the cyber security and the international cyber security, we are saying we should be doing things that are so reasonable and prevent Cybercrimes in our country.
Mr Speaker, I therefore submit that this document be sent to the Committee for thorough scrutiny because they have not yet prepared as a Government, the data protection is not there, the infrastructures are not there.

So, why are we rushing up with this Government?

The regulations that are intended to be propose by the Minister are not available and we want to see them physically before ever this document can go through this Parliament.

We should inculcate the ideal… THE SPEAKER: Honourable Member.

HON.
HON.

MARK M. KALOKOH: Yes Mr Speaker, can I land?

THE SPEAKER: The Standing Orders do allow Undertones they are part and parcel of the debate but Undertones should not become overtones, that is one, two, Honourable Member, I did not quite get your submission.

Are you making a submission that this Bill should be committed to the Legislative Committee or not?

HON.

MARK M. KALOKOH: Mr Speaker, let me just conclude and you will get what I am saying.

THE SPEAKER: No, but you made a submission just now.
HON.

MARK M. KALOKOH: Yes Mr Speaker, I said I am going to submit that in as much as this Bill did not contain all what it should have for the good of this nation it should be taking back to the drawing board particularly to be sent to the Committee for further scrutiny.

THE SPEAKER: The Honourable Member, I think I understand which Committee is the appropriate Committee in this circumstance.

HON.

MARK M. KALOKOH: Thank you Mr Speaker.

THE SPEAKER: Are you done?

Thank you very much.


Yes Honourable Member you have the Floor.

I think i foresee the heavy work that awaits you Honourable Member, as the Chairperson of the Committee.

What is going on?

HON.

BASHIRU SILIKIE: Point of Order Mr Speaker.

42 THE SPEAKER: What is your Point of Order?

HON.

BASHIRU SILIKI: Point of Order on S.O [34].


The Honourable Member is the Chairman of the Legislative Committee and there had been recommendations from one of our Colleague from the other side, I will advise that he stay put and listen to the debate… THE SPEAKER: Very well, so give me back my authority as the Speaker, I will appoint who speaks after him.

The Honourable Kandeh you have the Floor.

HON.


CHERNOR R.M BAH [Leader of the Opposition]: Mr Speaker, with your permission Sir, I just want to be a joinder to the Deputy Leader of Government Business, it is true that the Honourable Member is the Chair of the Legislative Committee but for him to contribute on the Floor should be on his own volition.

The reason is we have participated through the consultative process together with the Minister.
Today you might be in a better position… Mr Speaker, I hope I have your ear?

THE SPEAKER: Honourable Members this goes for all of you, wait a minute Honourable Leader of the Opposition kindly take your seat.

It is true that we do entertain Undertones but Undertones are entertained with civility, not Undertones that tend to bring about pandemonium.

So, please let us observed the rules, I want to hear very clearly the position that the Leader of the Opposition wants to express.

HON.
HON.

CHERNOR R.M BAH [Leader of the Opposition]: Thank very much Mr Speaker.

Added to what I have already said the Chair of the Legislative Committee is our representative and the Minister will confirm that he has been with him on the number of occasion in various platforms.
So, as a House to give us the clue guide and the confidence probably not with all the details but at least we should hear something from him, may be not now but definitely during the cause of the debate, it will be very important to hear from him Mr Speaker.
THE SPEAKER: Well I share your sentiments when I saw him trying to catch my eyes, I was also a little confused as to whether I should allow him or not but considering the fact that his is a Member of Parliament in addition to his position as Chair I thought he wanted the Floor as the Member of Parliament at this stage because the way I see the debate going this is a Bill that qualifies certainly for the consideration of the Legislative 43 Committee of which he Chair, but nonetheless the choice is his.
May be he want to inform the House to give some valuable information to the House which we will definitely welcome.

In the meantime Honourable Kandeh you have the Floor.

HON.

DR KANDEH YUMKELLA: Thank you very much Honourable Speaker.

Does our country need cyber protection law, yes it does, do we as citizens need protection of our personal data protection from cyber bullying, protection from hate speech?
So, I believe a Bill like this will be necessary, our job has to be how do we make it workable whilst at the same time protecting the rights of citizens as Honourable Speaker, my Colleagues just pointed out protecting, the privacy of citizens, protecting their basic human rights.
I also agree and support the idea that we send this Bill to the Legislative Committee, some of us we hope the date will be clear and we have like two days to participate actively in helping make this Bill workable with strong protections for the citizens, but also for freedom of speech and protecting the privacy of citizens.
Mr Speaker, Honourable Members, I want to say that we are ready to engage in that Legislative process and we do hope that opportunity will be given to groups like Sierra Leone Association of Journalist [SLAJ] and some of the Civil Society groups, I think there is an IT organisation they have all sent in information to some of us, we are ready to engage and to make it workable with strong protections for the citizens.
It is good that my previous Colleagues who spoke made the case Mr Speaker that is important for you to note.

Before I say that let me make this premise, it was good to hear the Minister himself saying that he was surprise that how much powers he was giving in the Bill, the Minister himself in one of the TV engagements, he said he was surprise how much authority had been given to him in this Bill going forward.
So, giving our previous problems with regulations coming here, I think we would need assurance as we debate this Bill in the Pre-Legislative session, what some of those regulations could be?

In fact if they are ready now we would like to see them.
So, I do concord to what the Honourable Member said they are concerns about regulations and again I think it is just fair that we see what some of those penalties could be in those regulations so that possibly they become part of the Bill rather than been done separately by the Minister later on.

So, we are ready to engage.

Thank you very much.

44 THE SPEAKER: I thank the Honourable Member for his contribution.
The last time we considered this Bill at the request of the Minister directed that we should broaden the area of engagement to ensure that all levels of societies were fully engaged so that the ordinary man in the street will understand the content of this Bill and when pass into law the consequences it would have for all of us.

I think we have have sufficient time to engage, I am sure the Minister would want to inform this House the extent to which he has carried out that directive.
But let me now turn to our Leader, our Chairperson of the Legislative Committee, do you wish to come in at this stage as Member of Parliament or in what capacity?

I don’t quit follow.

HON.

ABDUL S. MARRAY.

CONTEH: Thank you very much Mr Speaker.


Yes as a Member of Parliament, but I think maybe my contribution at this point will be very important, maybe it will help elevate the debate and guide us as we go forward because I have been part and parcel in some of the consultative process which I think was really in good faith and it has helped to create a better understanding as far as this Bill is concern.
This Bill was surrounded by misconception, maybe poor education, inadequate information, whenever there is poverty of data we are going to suffer from misinformation, misconception, misunderstanding that will lead to chaos.

So, it is against this backdrop that I want to make just a quick submission to elevate the debate.

THE SPEAKER: By all means proceed.

HON.

ABDUL S. MARRAY.

CONTEH: Thank you very much Mr Speaker.


The information communication and technology revolution has impacted our lives in so many ways (interruption) THE SPEAKER: Go ahead please.

HON.

ABDUL S. MARRAY.

CONTEH: There are so many changes in our lives as a result of the ICT revolution.

This was clearly made by Janfaidie a Dutch sociologist in 1991.

I am coming from an angle of being an expert in this area.

So Mr Speaker, if people listen they will surely broaden their understanding of this subject.
They talked 45 about the network society, the global village, there is no way you can be part of the global village using the information super highway without going through or accepting the guidelines of acceptable behaviour.

We need a cybercrime, in as much as ICT has the good aspect, it also has the harmful aspect that is why as Leaders we don’t only have to lead by example, but lead by good example and take the bold steps and put a Legislation that will stand the test of time.
Mr Speaker, Honourable Members, during the wide consultation, the citizens view has been fully ventilated to encapsulate our collective aspiration of the a side of free cyber security Bill but a responsible one taking into consideration the protection of our human rights.

Now, we talk about hate speech which is not even properly embedded in this cyber security Bill but which we are going to look into because it is our responsibility to make a law that will stand the test of time.
It is not perfect, we saw how freedom of speech and freedom of expression was misused in Rwanda just by a metaphor saying; “cut the tall trees,” that metaphor later transformed to incitement and we saw what happened.

Sierra Leone we are fast learners and we are going to ensure that we learn by putting a Legislation that will deal with all of those issues.
Mr Speaker, Honourable Members, when we talk about freedom of expression again, yes the internet which pave way to the social media was more or less derive from the first amendment of the American constitution which talks about freedom of speech, but it’s not freedom of reckless speech, is freedom of responsible speech.
And when you use freedom of speech to ensure that you damage the reputation of others in as much as we talk about protecting human right, but we also have to make laws that punish human wrongs.

Mr Speaker, Honourable Members, let go to the issue of data privacy which is very important.
If we don’t have data privacy at the end of the day we will move from being Honourable Members to vulnerable Members because we are exposed, we are servants off the people, but I want to remind all of us here today when it comes to the internet there is zero privacy, when it comes to the internet social media there is zero privacy, I will give you simple example; when you send an email to the wrong address it bounces 46 back then you will receive something like post master delivery failure what does that tell you?
It tells that you were not alone; somebody saw your email going.

So, fast law is about protecting or be very mindful what we send out.

Written communication is one of the most difficult forms of communication dangerous because the sooner you click the send button you can hardly retrieved that information.
So, the security about privacy start with us and in the consultation it was also clear that in as much as we don’t have data privacy laws now but there are safe guards within this Bill that will ensure that our human rights are protected.
Mr Speaker, Honourable Members, the Bill is going to have a human face, our data is going to be protected, and I will tell you when it comes to all the fines they are talking about, we have done some Juxtaposition with other countries, Ghana, Nigeria and when we go to Committee stage proper we will look at those Juxtaposition that will tell you that Sierra Leone is in the right footing as far as this cyber Bill is concern.
What I want to encourage Honourable Members here today as far as we have this country at heart we don’t have to worry about this cyber Bill, let worry about the meaningful contribution that we are going to make to ensure this cyber Bill becomes the people’s Bill.

Mr Speaker, this Bill is no as complicated or technical as people have amplified it to be, there is a whole lot of misconception around it.

The truth of the matter is when we allow politics of deception to blind our eyes, we have a problem.
For us to ensure that we pass a Bill that will stand the test of time we have to remove the political lens and then put the interest of the people forward.

I will go on and on Mr Speaker but I want have to allay the fear of my colleagues that this is the peoples Bill.

We have a role to play, we are partners in governance and I think we can unite under the common vision of making sure that we present a Bill to serve the interest of this country.

Mr Speaker, I will take my seat for now.


THE SPEAKER: I thank the Honourable Member.

I assume that his contribution is that, has been made in his capacity as Member of Parliament and we cannot juxtapose it as a four runner of the position is like going to take us as Chair of the Legislative 47 Committee.

I think this is a continuation of the debate on the second reading not the beginning, so I want to close the debate.

I will entertain only few more and then we bring this debate to a close.
I don’t have the eyes of a frog, I can see straight.

So, I see the Honourable Paramount Chief first.

HON.

P.C BAI KURR KANAGBARO SANKA III: Thank you Mr Speaker, I want to thank the Honourable Members of Parliament.

I think this is one of the Bills that I have seen so many mental concern and I want to thank also the Speaker, he has given us the opportunity under S.O [37] dilation for us to continue to debate this very important Bill.
I don’t know if there is any other Bill that has drawn the attention of Members of Parliament and the General public.

Mr Speaker, I want to thank you for given the opportunity to the Members of Parliament and to the Government side in terms of the Minister to try to bring in many people on board.

I can take it differently; the Minister has done so much to involve so many other groupings.
About a week ago, he invited some Members from the Information Committee and also from the Legislative Committee, Members of SLAJ, All Political Association [APA], so many other groupings were there about two to three hundred people at the Golden Tulip and the debate was frank.
What I want to say was that the Ministry has done its best to listen to so many but I also want the Minister to take note of the suggestions so many people have made including the Bar Association, they sent him recommendations from what I heard from that day to the Minister.
I think those recommendations should be send to Legislative Committee as well as to the Information Committee and even to key people in Parliament for us to know what exactly the Sierra Leone Bar Association would make their positions known is very clear, then also SLAJ sent in, some lecturers from IPAM, and Fourah Bay College were also there, they have sent in their own recommendations to the Minister so the Minister has all these and he knows now the interest of people.
And during that debate it was a frank debate, open debate and so many NGOs were there like for example; the Campaign for Good Governance, the lady presented a very good position and questions were asked.

Does the cybercrime Bill infringe on your privacy?

These were some of the 48 issues that were debated.

What is the importance of the cybercrime Bill of 2020?

This was also discussed by the people there, different categories, people with doctorate, lecturers from Fourah Bay College and IPAM.
I could remember Doctor Shettor was also there, he presented his position and I have to congratulate the Minister for allowing that to take place.
Mr Speaker, Honourable Members, I am also appealing to my Honourable Members of Parliament who are intelligent enough to make their resolutions, to make their own amendment and send them to the Legislative Committee so that we can get a thorough Bill because some of us Mr Speaker, I have done a great deal of reading because I am getting information all over from different people.
Like here I have the General Assembly of the United Nation their position on the cybercrime in the World and all countries including the UK, United State and Argentina and everybody’s position is right here.

I went as far as trying to locate what is there so when it comes into the final Legislative process, I think I can bring in suggestions based upon what I have read.
Mr Speaker, Honourable Members, I also have with me the cybercrime Bill of South Africa and they have different Bills, they have the electronic Bills and they have the cybercrimes Bill.

So, I have all of those, and then I also have the Budapest convention itself where our Government is trying to draw its own Bill.
I am very happy that Doctor is also a Member of the Information Committee, so he is in a better position to make his own recommendations, to make his own amendment when it comes to the third reading, but I can tell you definitely that we need more information from the Minister, from what he has received from all those groupings that sent in their own positions like the Bar Association, SLAJ, the University lecturers, other NGOs, and so many people have given theirs, so that tells you we don’t want you to keep them, tell us through the Speaker, who gave that opportunity to continue to invite more people to debate.
So, I am sure from what I learnt from my Legislative Chairman and from Dr Kalokoh, we will bring in a clean Bill that will make us great and everybody will accept.
What I want to say Mr Speaker, I will repeat what I said before,; “too much freedom without discipline is anarchy but too much disciple without freedom is tyranny.” So, 49 we should be in the middle, we should not be too tyrannical and we should not be too loose, so we have to look in the middle like some of us we will be there to see that we make a Bill that will serve the entire people of Sierra Leone whether you are Member of Parliament, a Minister or future leader or President you will be protected.
I thank you Mr Speaker, I just want to again congratulate the Ministry and the Minister for listening and giving us the opportunity to bring in more people to participate.

I say thank you.

I was impressed when you were there, you delivered your key note address and you listened keenly to all the criticisms put before you and all the recommendations you received from the Bar Association and others.
So, I hope you would pass them to the Committee and will know that this is what the Bar Association and SLAJ said.

So, I thank you very much Mr Speaker, and I congratulate you on this particular one for giving us S.O [37] to participate fully in the debate on the cybercrime and I hope this is not the end.

According to what I have seen, there are so many Bills coming in cybercrime security and electronic security from Ghana, Nigeria, UK and South Africa.
I have two to three Bills to address the issues of the privacy of the public.

I thank you Sir.

THE SPEAKER: I thank the Honourable Paramount Chief for his contribution.

I can never thank him enough.


Let me once more remind all of us that this is not the beginning of the second debate on this Bill, it is the continuation debate of the second reading and let me therefore remind all of us again about the rules of debate and I want to draw particular attention to S.O [32]12 and I will read it for those of you who may not have come with your S.Os ’’No Member shall speak more than once on any questions except” and of course this doesn’t fall into any of the exceptions.
So, please if you are Honourable enough and you know you have already spoken on this Bill demonstrate that you are a good Honourable by not trying to seek or to catch my eye for a second time.

So, I recognize the Honourable Ibrahim Ben Kargbo after that we will close the debate.

Some of you I know I will send for the record and I am sure some of you have already had a point of sharing and you want a second bite.

50 HON.
50 HON.

IBRAHIM B. KARGBO: Mr Speaker, this is my very first bite on this issue of this matter, and also very certain Mr Speaker, that a good number of our Members here have not spoken on this matter.

I want to be given an opportunity to do so… THE SPEAKER: Okay, I will ask for the records.

HON.

IBRAHIM B. KARGBO: The records, thank you very much Mr Speaker...

THE SPEAKER: Time is very limited will you please go ahead Honourable.

HON.

IBRAHIM B. KARGBO: Thank you Mr Speaker.


I want to present a position of mine here and that is what bad laws can do to a society.

The cyber law has the potential to become a very bad law in Sierra Leone except if you do something rapidly to correct the potential irregularities in that Legislation.

I want to give an example of what a bad law can do.
Mr Speaker, you remember fully well when we were here the 1965 Public Order Act was introduce for the purposes of interfering with the media in Sierra Leone and freedom of expression in the end many Sierra Leonean suffered and the state suffered as well and the 1965 Public Order Act became a debate that lasted for years and years up to this time we are saddle with the 1965 Public Order Act, it has not be properly addressed.
As we begin to forget about it all, here we have the cyber law which is not very clear and which has the potential to create difficulties in the democratic process in Sierra Leone.
Mr Speaker, Honourable Members, I also want to give another examples; you remember the thirty days absentees in clause that was again was introduced for the purposes of interfering with the Opposition in this country, what happened was that some people lost their seat in Parliament because the people who were running the state at the time thought that some people should leave Parliament and because they left Parliament under circumstance that were very dubious, the Government that came later on decided to use the same methods.
So, the Prime Minister said; anybody who was absent for thirty days would lose his/her seat in Parliament and five people lost their seats in Parliament deliberately done by the Government of the day that I thought was unfair Legislation.

Then later on, the Government changed and a new Government 51 came and what the new Government did was to merely say we are going to continue with this law and the very relative of the Prime Minister became a victim.
He was sent to Pademba road prison for thirty days so that he could lose his seat in Parliament and he did lose his seat.

He lost his seat in Parliament and again that is an example of a bad Legislation, people thought it was going to affect one set of people but later on it affected other people.
Mr Speaker, Honourable Members, even if we want to talk about a cyber-law and the importance of the cyber space in our society we must also be very careful about the future because this same Legislation, the same law if it is not use in good faith has the potential of affecting other people in the future, and if I become the future President of Sierra Leone and you are in the position now don’t you think that I will not use it against you because you came here it with it deliberately to disturb me and people outside and also will disturb your people later.
I just want to give an example for how bad Legislations can be counterproductive, that is what it can do.

Mr Speaker, I have made a major role in this country to bring the Telecommunication Sector up to date.
I am not going to hide it, the records are there because I was there, I landed sub-marine cable here and I also landed the terrestrial cable in this country for the sole purposes of making sure that we improve the Telecommunication Sector, but we were also aware of the fact that at some point we need to come up with Legislation that will make sure that we protect the citizens of this country.

But these Legislations were not meant to be destructive, they are meant to be productive.
So, this time Mr Speaker, we are going to be very conscious here, when I say that whoever is going to be part and parcel of this discussion should do so in such a manners to make sure that all the agreements are productive.

We want to be very certain that the laws of this country are abiding.
We also want to be very sure that whatever we do in this country is in the interest of the people in this country, but we should not come up with Legislation that have the potential to destroy this society, because like I said; we have spent nearly thirty years debating the 1965 Public Order Act because it is a bad law, and I will not want to spent again another thirty years discussing the cyber law, 52 because if we pass this law in this present form without going to the Legislative Committee for further pruning we may end up spending another thirty years discussing the cyber law and finding ways by which we can correct it.
These are some of the concerns we will always continue to raise.

Mr Speaker, Honourable Members, we have made this point time again that there is no where you can make a law and think that law will not have mistakes, if it has mistakes that of course we should correct them now, and this is why some of us on this side believe that the irregularities are still there and we should go back to the Legislative Committee to look at these irregularities and correct them because it is important for our people.
We have said that the Tele-communication Sector in this country is very important, we have also said; that we should put in place those structures that we will make sure that everybody uses it and without difficulties but to even think that you can seat in your office a policeman comes in and say can I have a look at your telephone that itself is fearful.
The fact is that I seat in my study and somebody comes and say I want to look at your internet, can I have a look at it that itself it’s fearful with the present form this Bill is taken the potential for that to happen does exist and that is what we want to avoid.
Mr Speaker, Honourable Members, if I have the privacy of my family in my telephone, my internet and some strange person comes and says can I Have a look at it, believe you me it will bring a serious insult to my person and those are the things we want to avoid.
Mr Speaker, you are seated there watching us, listening to us, you know what the truth is all about in society, and tomorrow I.B Kargbo will not be a Parliamentarian and you may not be a Speaker, some strange person will occupied that seat and some strange person would become a President of Sierra Leone and that President is not a President is not sympathetic and he says I am going to use this law to the fullest.

Do you know the implications Mr Speaker?

You should know the implications.


This is why we are going to be very conscious, we should be very conscious, we should be very careful as to how we come up with Legislations.
This Legislation may be important to protect the citizens of this country, to protect the Sector itself, but also importantly Mr 53 Speaker, we want to be very certain that when we come with Legislation they should be in the interest of the people of this country and they also protect us and protect our families otherwise we would brought great difficulties of creating a situation in society that is not democratic and we don’t want to create such a society.

Thank you Mr Speaker.


THE SPEAKER: I thank the Honourable Member for his contributions and indeed for reminding us about the importance of the provisions of this Bill.
Let me sound a note of caution this Bill, is a proper candidate for the Legislative Committee and I want to say here and now that there would be no time limitation on the work of that Committee, we must allow that Committee the fullest flexibility so that if it comes back to this House with a good piece of Legislation, this is a piece of Legislation that requires us to make haste slowly.
So, on that note I recognise so many of you who want to take the Floor, but I am advice that a good number of you had done so before.

In any event if you have not had an opportunity before you will have an opportunity in the Legislative Committee and also when the Committee reports to the Committee of the whole.

So, on that understanding I would only take two more before we close the debate.
I want you to consult amongst yourselves minus your Leader, three minutes each and I am going to time the speakers, three people excluding yourself.

Honourable Member, you are blacklisted yes; I called you several times the other day you did not pick.

Honourable Abdul Kargbo has the Floor and followed by Honourable Daniel Koroma, three minutes each and that is the end.

HON.
HON.

ABDUL KARGBO: Mr Speaker, Honourable Members, like other speakers have said; this Bill should focus on cyber protection, cyber security and other than cybercrime.

There are important things we should take note of, firstly; we have to have a proper definitions of some of the terms use in this Bill so that they would not be misquoted by the police, they would not be misunderstood by the Judges or they may not be misunderstood by other people.
In the Preliminary part 1 there is no definition for privacy and this Bill has to be accompany with the data protection law because when 54 once my phone is taken away from me and there is a tendency the police officers whom may have done that has the tendency to expose my information to the public, there is no security that my personal information would not be expose and personal information will be protected.
The powers also of the Minister are very enormous, we should develop strong data protection privacy and also we should create a standard policy, the Minister should not be in the capacity to determine the punishment and defines.

For every law we have approved as a Parliament the law goes with their consequences that is the penalty and the fines as the case may be, but this gives ways to the Minister to do that and it is not good for us.
Mr Speaker, Honourable Members, we should also pay attention at the offences.

I am of the opinion that this Bill in every other country focuses more on protecting people from internet fraud, those who are disadvantage on the internet, but from every speaker I have heard on the other side it seems as if the primary target of this Bill is to get hold of those who involve in making audios, those who involve in making statement on social media.
So, to a large extent we are losing the preliminary focus of this Bill, it should not be focus on the Opposition because we know that free speech would exist in every society and in every community.

So, I want to advice that let us seat again at Committee stage to look at this Bill keenly, very soon we are going to elections, and even the advent of this Bill a lot of cases of arrest have been infected for people who talk on social media.
Recently, I saw one in Bo a man who went at the Bo stadium to just praise the former President, he was humiliated and arrested then even treated naked and this Parliament should be in the position to protect some of those people.

Now that this Bill would be endorsed I wonder what would be the fate of other people who will do such.
Mr Speaker, Honourable Members, I want to plead towards all here that let us be very careful, the laws we make today may be good for you, but it may be against you after you leave power.
Let us make laws for our generation, let us don’t make law because we think there is a pain that is on our head, let us make laws so that when successful Governments come we will not find ourselves wanting against those law, free speech is 55 in every country, allow people to talk, Government should focus on the priorities and when Government focuses on the priorities it brings development but trying to strangulates people who express their opinion to me it’s not done.
So, I want to ask Mr Speaker, firstly that this Parliament probes into the matter of that very individual who was humiliated in Bo just because of expressing his own personal opinion on the formal President, let this Parliament probe into that.

Mr Speaker, you were not paying attention Sir.

THE SPEAKER: You have exhausted your time.

HON.

ABDUL KARGBO: No, I want to say what I said.

Mr Speaker, it is for your own intervention Sir.


What I said is that; somebody was arrested in Bo because the person went out and made the clip praising the formal President.

THE SPEAKER: I heard that, I heard that.

HON.

ABDUL KARGBO: Yes.

The person was humiliated and Mr Speaker, you will agree with me that if this Bill is passed here as it is, things will go worst.

So, I want this Parliament to probe into that matter.

THE SPEAKER: you have another bite at the Pre-Legislative.

HON.
HON.

ABDUL KARGBO: Okay, Sir.

THE SPEAKER: Honourable Daniel Koroma you have the Floor.

HON.

DANIEL B. KOROMA: Thank you very much Mr Speaker.

Mr Speaker, Honourable Members, I am a little bit comfortable now because I have got all indications that today’s proceedings will stop at the Second Reading and we cannot go to the next stage, we will have to go to the Legislative Committee.

So, based on that, I will reduce my points.

I have listened to the Chairman and I also commend the Minister.
The reason for today’s debate was because we asked for more consultations, and we are following up, the Minister did consult so many groups of people.

But my concern is, having done those consultations, what were the outcomes?

We were expecting some of those outcomes from our Chairman or maybe the Minister will tell us.

56 But if things remain as they were irrespective of hundred consultations then that is a worrying thing to me.

And in that case, I will guide this process by referring to clause [3].
In Clause three [3] Mr Minister, you made mention of Paragraph 3 of sub clause 1 of clause 47 that never exist.

There is nothing like Paragraph C of sub clause 1 of clause 47 of which you made reference to in clause 3; it does not exist.

And don’t tell me you actually meant Paragraph C of sub clause 2 of clause 47, no, because it is also not applicable.

There is no Paragraph C of sub clause 1 of clause 47.

And Paragraph C of sub clause 2 is not applicable; it does not exist at all.
So you need to take note of that because we need to make things better.

Mr Speaker, Honourable Members, over two hundred times during your consultations, I have been listening to you Mr Minister, that you don’t intend to use the powers of the court which was mentioned, I believe that one was mentioned twenty-two times, but you made it very clear that that one was never your intention.

But that is not my point here.


My problem now is, of all those twenty-two violations in this Bill the offences were created but no sentences were actually mentioned or melted out so that is a huge burden on the Legislative Committee.
So, I appreciate Mr Speaker, when you guided this process that the work of the Legislative Committee should be expected to be slower this time, they should not be given limited time because no sentence was melted out in all those twenty- two offences and there is a provision in law, there is rule in law that we say “gravity of offence,” those offences are not of the same gravity.
So really, it needs more time by the Legislative Committee to create and to seek out the suitable and acceptable sentences for those offences created in twenty- two various sections of this Bill.
That needs a lot of time and we have also made it very clear here that sometimes during this time we need the presence of the law officers department or at least create a legal department in this Well to be headed by legal practitioners, we have one or two who are staff of this Parliament, they can help that department, they can better guide the process.

As I speak now, there is representative of the law officers in our mist.
57 Mr Speaker, Honourable Members, in clause [22]d you make mentioned of series of assets, just general, I was so worried I thought it was limited to electronic asset, but when you say seize asset all sort of asset and I was even more worried because asset was not define.

So, when you say asset literary definition of asset apart of your specific definition here which is absent it can be any asset including houses.
How can you seize houses under this Bill, it is not applicable so we can either define asset or we delete this relevant provision completely.

Mr Speaker, Honourable Members, [35]2b you included in that sub paragraph A and B, but for B you said it is an offence if anybody says something to my annoyance we are human beings anything can simply irritate us.

So, if you say no sooner I feel annoyed it is an offence, it may not be good for us that will never be the provision, and it is absolutely not it.
It is subjective and as human beings we are dynamic, we are different, what annoys me does not annoys Mr A or does not annoys Mr B if we maintain that provision it will be more arbitrary, I will say okay in my capacity as a Minister, in my capacity as President, I have been annoyed, therefore I will take action against you.

Mr Minister, if look at miscellaneous provision what it said it is not possible, how you can draft miscellaneous provisions that way it is not possible.
Sometime, I think within myself, I said may be S.O [2] “may be den wan for bail buku bal pan tap wi ade”.

Under miscellaneous provisions if you are referring to regulation you can make that reference to the regulations only that can suffice as miscellaneous provisions, but miscellaneous provisions cannot be substitute for the provisions for regulations by Statutory Instrument so that one must be rephrase completely, and the Legislative Committee will need more time.
Mr Speaker, Honourable Members, on that note I hope the Minister will take note of all those points.

I am a Member of the Legislative Committee, and as a Sierra Leonean and a Member of this Parliament I own obligation to my people, I shall be there to make sure these changes are effected for the benefit of this country.

Thank you very much.

58 THE SPEAKER: I thank the Honourable Member for his contribution.

I now invite the Leader of the Opposition.


Your Leader will speak for you and you will have ample opportunity during the Legislative Committee to state your position.

The Leader of the Opposition please you have the Floor.

HON.

CHERNOR R.M BAH: Thank you very much Mr Speaker.

I would plead with the Whip not to be too… but he has been blacklisted based on what you said.

He was blacklisted from your list.

THE SPEAKER: He was what?

HON.

CHERNOR R.M BAH: the Whip was blacklisted.


THE SPEAKER: He is not blacklisted; he is now whitelisted as well.

I have whitelisted him.

HON.

CHERNOR R.M BAH: Thank you very much Mr Speaker.

I want to thank all those who have contributed before me, they have all done justice to the debate, but as I did in the past I would also want to specifically commend the Minister.
The Minister, I hope he will continue to be a listening Minister but on this Bill and other engagement we had with him, the Amendment to the Public Order Act, the enactment of the IMC Bill that has been enacted by us.

The Minister has been very corporative and has been a listening Minister.

I hope not just him but other Minister will also behave like him.
Mr Speaker, this Bill has been with us since last year, it shows the importance Parliament and premium we laid and the fact that the Minister himself was able to say thank you very much, I have listen to what you have been saying, I will go back and consult and since he left us, some of us have followed him and he is been doing just that.

Thank you very much Mr Minister.
Mr Speaker, Honourable Members, the Chair of the Legislative Committee and many of those who spoke before me have confirmed that we have received submissions from various quarters like SLAJ, Professional Engineers, CHADI, Human Right Defenders Network , the BAR Association, amongst others have forwarded their concerns not by way of complain but by way of assisting the House and the Ministry in coming out with 59 a very good Bill and the Honourable Ibrahim B. Kargbo used the word; “good faith,” I underlined it deliberately because in whatever we do good faith should be our watchwords.
We make laws for the People we represent but by extension for us as well because we are not going to be exception to whatever laws that will be passed by this House.

So, the good faith in the laws we make should be our primary focus, we don’t implement the laws, what we do is to make them.

The Executive is charge with the responsibility of implementing the laws we make and we believe it is not in all occasion we would be called to asked the questions what were your intentions?
Why did you make these laws?

What were you thinking?

Must time they will say let go to the Supreme Court for interpretation and they don’t come back to us but must times when we make laws we have reasons for making the laws and those reasons are always important not just for the Judiciary when they interpret but also for the Executive when they enforce or implement the laws.
Mr Speaker, Honourable Members, I will not want to say that it has been lost over but a lot have been said in passing on data protection.

For most of the experts we have engaged with we have been have advised that it would have been better had we data protection laws before the cybercrime but now we are where we are.

So, I don’t know whether I will be asking for too much again?
Mr Minister, you have a lot of patient and I am sure you would continue to exercise patient, this is not going to be the first time if at all we follow that trend.

We have made laws in the past but commencement date have been deferred, we have done it before and we can still do it because if the Minister will be generous enough because I know he is under pressure himself not just from within but from without because we are signatories to conventions and protocols and we have committed our self as a nation.
But be that as it may if the opportunity could avail itself for this Bill not it passing but it commencement to be differed whilst we speedily get the data protection Bill to this House and enacted so that they would go side by side.

We will appreciate you Mr Minister, I am not talking about the passing of the Bill so I would not be misunderstood.

Mr Speaker, are you with me?

60 THE SPEAKER: Fully.

HON.


CHERNOR R.M BAH: Thank you very much Sir, because I might be misquoted to say let us shelf this Bill until we get a data protection.

I am talking about the commencement itself, but the Minister will respond if it makes sense he will tell us.
I don’t want to go into the little details in the Bill, some has been said but I am also a Member of the Legislative Committee and I will endeavour to join my Chairman in ensuring that we do justice to this Bill and on that note Mr Speaker, I want to thank you very much.
THE SPEAKER: I thank the Leader of the Opposition more especially for been very brief and recognising the old adage brevity been the soul of wits, I think the Leader of Government Business is going to follow suit by also been brief by recognizing that brevity is also on his own path to the soul of wits.
So, over to you Mr Leader of Government Business, if you are going to delegate that task to your Deputy a man for whom I have the highest respect and know well I will now re-echo and re-emphasize that brevity is the soul of wits, Mr Deputy.

HON.

BASHIRU SILIKIE: Thank you very much Mr Speaker.

SPEAKER: Just a few sentences will do.

HON.

BASHIRU SILIKIE: Yes thank you very much Mr Speaker.
Mr Speaker, Honourable Members, I want begin by thanking the Members of Parliament who have contributed to this Bill.

Of course this is one of our responsibilities as Members of Parliament to make laws and I see clearly that this Parliament is very active when it comes to this Bill.

I have seen the contribution from my Colleagues on the other side, we appreciate, we are a listening party, we are a listening Government, and we appreciate all that have been said.
I would agree with the Opposition Leader who says that the data protection Bill should come to this Parliament, we are also in support, and we should have a data protection Bill because data should be protected.

The fact that we are talking about cybercrime your data should be protected against infringement or 61 other things so that at the end of the day when the cybercrime comes if you fall victim you will definitely bear the consequences.

Thank you very much Honourable Members.


The Honourable Kandeh Yumkella, I agreed with all Honourable Members that this Bill should be committed to the Legislative Committee.

Thank you Mr Minister, our last two sittings we have encourage you to do a lot of consultations in the last few weeks, we have been following up, we have seen the contributions from various institutions, this should be the spirit, we should all come together, and we should all make laws that should stand the test of time.
To the Legislative Committee Members, I would encourage you that when once this Bill is committed to the Legislative Committee we encourage Members to attend to Committee sittings, we don’t have time because this Bill definitely will come into law before the end of this session.
Mr Speaker, Honourable Members, we expect that Committee Members as been highlighted by Honourable Members from the other side that when once this Bill is committed to the Committee you attend the Committee meetings because this session is almost coming to an end.
Of course, we have all said; we are Committed to international best practices, we have signed agreements, we are part of Treaties, for instance; the Budapest convention we are signatory to it, and we should domesticate when this Bill come into reality.

This is a global community and information emergence is the new trend of communication, and we are not prepared, we now see where criminals are overtaking the good use of internet and the social media.
So, I will encourage everybody to participate and we would keep all of us to apprise every Member whether or not you are part of the Legislative Committee we encourage every Member of Parliament to attend the Committee hearings so that when we go to Committee stage it will very easy for Members of Parliament.

Thank you very much, thank you Mr Minister for the consultation, thank our colleagues on the other side, we are a listening Government, we have listen to you.
Thank you Honourable Members for your contributions.

62 Mr Speaker, Honourable Members, this is my short contribution that has been delegated to me by the Leader of Government Business, and we encourage everybody to be part of this process.

Thank you Mr Minister, thank you Honourable Members.

THE SPEAKER: I thank the Deputy Leader of Government Business and in deed for always been compliance.

Mr Minister, you may wish to respond as briefly as possible.
MR MOHAMED RAHMAN SWARRAY [Minister of Information and Communication]: Right Honourable Speaker, Leader of the Opposition, Leader of Government Business, Honourable Members, I wish first to express my profound thanks and appreciation to this Honourable House for accorded me the opportunity to cast the next viral while as it relate to more consultations relating to this Bill.
The consultations since I was last year on the 18th of March has enriched public understanding of this Bill and I am sure they will help put bide to very dangerous interpretations that has been allied to this Bill.

So thank you very much rights Honourable Speaker, Honourable Members, the Leader of the Opposition for accorded me the opportunity, it was wisdom well founded.
So, I am happy we have made tremendous progress together when we started of the business of the cybercrime Bill many said Sierra Leone did not need a cybercrime Bill at that point and today nobody is saying that we are all in one accord that this Bill is timely, in fact we are behind times.

We all don’t want to invite a situation that will bring back a repeat of what happened couple of years ago when the cocaine of plane landed here and we have no laws to prosecute the parties to that offence.
Mr Speaker, Honourable Members, Sierra Leone like the rest of the world is trying to catch up.

We all know this is a broken record but it still serve a part, we talk about it.

When the former Economic and Financial Crimes Commission [EFCC], Mr Nuhu Ribadu in Nigeria spoke to that, he did say in the cause of his duty, he found out that a group of Nigerians seated at home and defrauded a bank in Brazil with the sum of $240Mln.

The bank collapsed and the bank governor died cybercrime 101.
Apart from that, you also have situation where very recently a gentle man seated in Dubai by the name of Hush Puppy made quite almost amounting to half a billion dollars filching various kinds of people using digital space.
We are concern as a Government because we missed out 63 on three industrial revolutions that His Excellency, the President considered opinion that Sierra Leone like the rest of African countries must not miss out on the fourth industrial revolution so that is why we have to prepare for the safety and security of our citizens in cyber space.
Mr Speaker, Honourable Members, you could also recall that very recently in Ghana, a Ghanaian female celebrity Rosemund Brown did a naked photograph of herself and her 7 years old son on the boy’s birthday that matter went to court and she was sentenced to 90 days in prison going currently.
So, this is very serious, we are not only talking about resources been lost, we are also talking about morality because we want the younger generation to abide and to grow up in an enabling environment where they are able to realize their fullest potentials.

The debate has been very insightful, it has been very interesting, a lot of experiences have been shared and this is the kind of Sierra Leone I look forward to.
This country use to be reputed for the elevated nature of the debate we had for enlighten debate, so when take debate to gutter it pains my heart, it participate tribute to have proud history.

So, I am happy that the debate has been very elevated and everybody wants to contribute to the enrichment of the Bill.

This is very good.
This is very good.

Mr Speaker, Honourable Members, with the popularization of this Bill I have a prepared speech just so I can give you a report, I will in the process respond to all the issues you have raised.
Let me take this opportunity to congratulate all of you Honourable Members for the support my Ministry has received from you to ensure that we create a secured cyber space to safeguard national interest, preserve human rights, provide security and prosperity for all Sierra Leone citizens in the global digital economy.
I am excited that in the cause of this long journey we have drank from the well of experience of the Sierra Leone BAR Association who have avail themselves to work with us very scrupulously to ensure that grey areas in this Bill, issues of public concerns reservations expressed by members of the public, even those who don’t accord us the courtesy of writing to us had all been captured and fully addressed.
During my last appearance, I was mandated by the House of Parliament to do further engagement to the substance 64 of the draft cybercrime Bill 2020 which protect information that you, me, Government, businesses and others keep online in cyber space including our emails, our videos messages, our finance records, our credit card records and our personal data information, military secret and much more.
Mr Speaker, Honourable Members, I am pleased to report to this House that during the past weeks we have conducted series of public consultations including meetings with various groups including Civil Society and Leaders.

This section have been very educative for all parties as we were able to hear from the public views and concerns on the Bill whiles it also provided platform for us to provide more explanation on general provisions and safeguards against the abuse of the powers in the draft Bill.
During this engagement we were able to provide legal advice from the Law Officers Department, legal and technical interpretations to Sections of the Bill as well as highlight Sections that provide safeguards, to provide abuse of powers on certain people.

Mr Minister of Information and Communication has been particularly single out as somebody that the Bill ascribed enormous powers to; I could not agree more in the drafts instructions given to the law officers department.
We have since advised Parliament, the Legislative Committee that this Minister of Information, good as he maybe, with good intentions as it may be, well invention as he may be, doesn’t deserve those powers and no Minister of Information and Communications then and now and in the future deserve those powers so that should be able to lay to rest.
I wish to again reassure this House that the drafting of this Bill take great cognizance of our right to privacy, our right to freedom of expression and our right to access information as enshrined in Section [25]1 of the 1991 constitution.

The draft Bill equally took trend from Sub Section [2] of the same Section [25]1 of the 1991 constitution by replacing safe guard, checks and balances on persons while enjoying or exercising their right.
The Provisions are also compliance with the 1965 criminal procedures Act, the Malabu convention signed by the former President of the republic of Sierra Leone, Dr Ernest Bai Koroma, the ECOWAS directives which is currently in force and its pains my heart, I feel very embarrassed that Sierra Leone been the Speaker of ECOWAS Parliament is still in 65 default of Provisions we have signed, it is high time that we make good use of this Provision.
I remembered again right Honourable Speaker might just set that right, during your tenure as Executive Secretary of ECOWAS.

I think there was time Sierra Leone also defaulted paying some of our contributions and that was quite embarrassing for you, I just imagine the embarrassment you find yourself.

So, it is in the same spirit that Sierra Leone has to make all the right moves to ensure that we are in confirmative with Governance, we have signed by domesticating.
Mr Speaker, Honourable Members of Parliament, it is important to note that currently at the CID under the Scientific Support Department [SS], the cybercrime unit and laboratory have experts where data mobile phones, computers, external hard drives and any other electronic devices that has information of evidential value are analyse.
The questions that immediately come to mind are; do we have any law to support these actions, are there safe guards that protect people’s privacy at the moment, are we able to tender any material evidential value extracted under such circumstances?

The answer to all of those is no.

This is the current criminal justice regime that has force us, no protection, no respect for our right and this is what it has been for all these years.
So what the cybercrime Legislation seeks to do is to ameliorate that situation, correct it and ensure that individuals privacy has outmost respect, individual data is protected and no police officer is given free will in the cause of the discharge of their duties that is why in the law you find out that even in the cause of executing warrant police officers could also hear and there are punishment provided for them in the law.
So, the draft cybercrime law is effectively here to address the challenges and enable our criminal justice authorities to have a predictable Legislative system to investigate prosecute and adjudicate cases of criminal offences against and by means of computers established under part 5 and provide them with procedural past to secure electronic evidence in relation to any crimes as the case may be.

So, I will come to respond to some of the key issues.
Mr Speaker, Honourable Members of Parliament, concerns have been raised here for data protection and privacy, I could not agree more.

In this Bill, a lot of Provision has 66 been made to ensure the security of individuals and the protection of their data.
However, they may not be enough and the consultations over the period has brought additional insight both our consultants and the various groups, we have consulted, have given us additional insight and therefore we will be providing additional safeguards to ensure individual data are protected and Fundamental Human Rights are respected at all times.
So, there are concerns about the Minister making laws and that has been clarified, this Minister or any other Minister then and now doesn’t deserve such overarching powers ascribed to the Minister of Information described in this Bill.

However like in all Bills you have enacted here in this hallowed House before there is always provision for the Minister to make regulations to give effect to the law so that power should remain by all means with not just me but any other Minister.
Mr Speaker, Honourable Members, there have been this vivid outrageous comparison between the criminal libel law of 1965 and this cybercrime Bill, is not really a befitting tribute to this Honourable House, you spent days and nights together to ensure that we made the criminal libel law history.

I know these comparisons are made by people who may have not read the Bill or if they did not so much with profit.
In the criminal libel law situation I.B Kargbo my predecessor is here, under the criminal libel law truth was never a defence and they were long pre-trial detentions.

In this Bill, is evidence based, everything has to be evidential, and in this Bill there is no provision for long pre-trial detentions, they are words apart, any attempt to conflict the two is a disservice to the members of the listening public.
There are also concerns about the composition of the National Cyber Security Council, we all know gone are those days when people use to fight on land, we bring our mortal issues, these days the battle front has most likely shifted to cyber space, many even have vow if there is ever going to be a concept of global fight, it will have to be in cyber space.
So, you see the composition there, we have taking the point, we have agreed that His Excellency, the President will seize to be a member of the Advisory team because ultimately He will have to benefit from the advice of the Advisory Council.
So, He will seize to be a member of the Advisory Council, we have agreed because it is He who will be advice but there are reasons for the other members of the council to be there, it is not for any reason of any political 67 reasons but it is for the simple reason that for example; we now talk about cyber diplomacy, the Foreign Minister has to be there, we talk about things like National Defence or security issues, you will require the Minister of Defence and the Minister of Internal Affairs, you will talk about the Minister of Information, this is an ICT, the frontiers of war has now shifted to ICT and that is why you have Minister of Information and Communications and the competent technical person on that committee.
Mr Speaker, Honourable Members, however following our consultations that has emerged, it is very important that we have a place for the Sierra Leone Bar Association and that review I totally ascribe to, we also should make provision for the private sector to be represented and there is still a raging debate around whether we should have a nominee from the council of Paramount Chiefs, so we have made tremendous progress.
There are also a fussy reference to a data protection law, may I inform this House that whilst we are working very acidulously on the data protection Bill and I am sure we will come here shortly whilst we pass this or in the course of the debate here, I also want to inform you that they don’t necessary have to go to Nigeria for cyber-security law in 2015 and the data protection which followed four years later.
We will not be going down that part; I can tell you the data protection Bill is in progress and it will follow this quick succession, but just to understand that it not always one before the other, is like we say in local dialect S.O [2] “res n plasas u kin cook ani wan b4 en compin” will all end up in the same place.
This Government under the Leadership of His Excellency, President Bio is the fundamental respecter of Freedoms and Right and we will stop at nothing to continue to push, we will continue to push the frontiers of Freedom and Rights that is why we extensively consulted the Sierra Leone Association of Journalists, I was even the key note speaker at the workshop they called which brought together their members across the country so that we could set the position for the debate.
Mr Speaker, Honourable Members, concerns has also been raised about the title of the Bill; yes we know that concern, in fact in the consultations that has emerge so are quite amendable to changing it to cyber security and cybercrime Bill just so that everybody is on board and accommodated and that is incidentally comes from the Honourable Abdul Kargbo from my Lungi constituency that is very well noted Sir.
We also note that some 68 of the technical terms need to be properly explained in the interpretation section and that is a very valid point.

There are also concerns about the Bill not prescribing penalties, I agree totally as a Ministry we did not want to arrogate ourselves the right to prescribe penalties.

We left that in the competent jurisdiction of the law officers but they did what they did, what we have done is working closely with the Sierra Leone Bar Association.
Over the period we have now done extensive research on the cybercrime Bill in Tanzania, in Nigeria, in Ghana and in Kenya, we have given them a metrics of all of the comparative penalties so that they will work for the Legislative Committee.

So, the offences and penalties have now been prescribed so that will make life easier with the Legislative Committee once the Bill is here.

Again that is courtesy of the Sierra Leone Bar Association, I want to commend them for that effort.
I also understand that even the road to Hell or to Heaven can be paved with bad intentions.

This law has the best of intentions, I stand here on oath as a Member of the Government sworn to serve the best interest of this country.

This law is good, we want you to protect us even when we are out of Government like the criminal libel law, which we collectively repeal, we also want to ensure that whether in Government or not this Bill works for everybody it should be seen in that context.
We have consolidated all of the findings, all of the positions emanating from various groups and by the close of business today we are quite happy to submit that to Legislative Committee to enhance the smooth operations when they commence sittings.

Mr Speaker, Honourable Members, thank you so very much for your patience.

This law is a law for the present and future of this country, we all want our kids to grow up in an environment where that is enabling, where they can realize their fullest potentials.
The playing points in this Bill have all been addressed.

For example; somebody has called the notorious Section [35] or Section [39] cyber bulling, cyber stocking that has completely been revoked, and it has been rephrased to speak to our current realities without any suspicions flourishing.

I also like to note that the issue dealing with obscenity or what a view it now indicated that anybody cannot send sexually explicit or nude materials to anybody under 18years old.
So, we have done a lot of work together and I like to use this opportunity to extend profound appreciations to the Human Rights 69 Commission of Sierra Leone, the text society, the Sierra Leone Association of Journalist, the Bar Association among others who made their contributions.
We still remain open as the consultation at the Legislative Committee continues but I tell you we will continue to engage even after the enactment after this Bill because this law touches virtually on each and every Sierra Leonean.
Least I forget, there is also an International Cooperation aspect of this because we realize cybercrimes are mostly committed by people resident in the comfort and convenience of other jurisdictions so there is provision in the law for effective and shared International Cooperation, I need to note that.

Thank you very much right Honourable Speaker, Honourable Members of Parliament, distinguish ladies and gentlemen, God bless you.

Thank you.

THE SPEAKER: And with that…….


MR MOHAMED RAHMAN SWARRAY [Minister of Information and Communication]: Mr Speaker, Honourable Members, I now move that the Bill entitled the cybercrime Bill 2020 be read for the second time.

THE SPEAKER: Honourable Members, the question is that the Bill entitled the cybercrime Act 2020 be read the second time.
[Question Proposed, Put and Agreed to] [The Bill entitle; the cybercrime Act 2020 been an Act to provide for the prevention of the abusive use of computer system to provide for the timely and effective collection of electronic evidence for the purpose of investigation and prosecution of cybercrime to provide for the protection of critical national information infrastructure, to provide for facilitation of International Cooperation in dealing with cybercrime matters and to provide for other related matters has been read for the second time.]
THE SPEAKER: May I now invite the Leader of Government Business to do needful under S .O [51]?

70 HON.

MATHEW S. NYUMA: Mr Speaker, thank you very much.

I stand on S.O [51] committal of Bill to the-Legislative Committee for further deliberations.

Thank you.

THE SPEAKER: Any seconder?

HON.

CHRERNOR A. BAH: Mr Speaker I second.


[Question Proposed, Put and Agreed to] [Pursuant to Standing Orders 51[1] the Bill entitled the cybercrime Act 2020 has been committed to the Legislative Committee for further scrutiny.]

THE SPEAKER: I give the Floor again to the Leader of Government Business.

HON.
HON.

MATHEW S. NYUMA: Thank you very much Mr Speaker for such an acceptance for my Standing Order, thank you very much my birthday boy hope you will your birthday today after here, I know you are fasting.

Mr Speaker, i want us to discuss this week, I have done negotiations with the Leader of the Opposition and other Colleagues that we want this Bill to be exhaustively dealt with in the Legislative Committee.

I move on S.O [5]1 so that the House can seat on the 10th of May, 2021 that is on Monday.
Thank you.

THE SPEAKER: Any seconder?

HON.

CHERNOR R.M BAH: Mr Speaker, I so second.

[Question Proposed] THE SPEAKER: On that note the House stand adjourn to Monday.

Announcement HON.

MATHEW S. NYUMA: Mr Speaker, sorry for just coming in, I said we want to do exhaustive consultation and discussion so we are going to start the Pre-Legislative meeting tomorrow at 10:00am in Parliament.

Please contact the Chairman of the 71 Committee so that other necessary arrangement can be taken on board.
Thank you very much Mr Speaker.

THE SPEAKER: Thank you.

Honourable Members, the House stands adjourned to Monday, the 10th of May, 2021 at 10am prompt in this very venue Bintumani Conference Centre.

[The House rose at 2:40 p.m. and was adjourned to 10th Monday, May 2021 at 10:a.m. ADJOURNMENT prompt] 72