Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698838609668.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 SECOND SESSION - FIRST MEETING THURSDAY, 29TH AUGUST, 2019 SESSION – 2018/2019 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: 14 First Meeting of the Second Session of the Fifth Parliament of the Second Republic of Sierra Leone.
Proceedings of the Sitting of the House Held on Thursday, 29th August, 2019.

2 CONTENTS I. PRAYERS II.

RECORD OF VOTES AND PROCEEDINGS FOR THE PARLIAMENTARY SITTING HELD ON THURSDAY, 16TH JULY, 2019 III.
LAYING OF PAPERS THE DEPUTY MINISTER OF TRANSPORT [I] PROTOCOL TO AMEND THE CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT DONE IN MONTREAL, 4TH APRIL, 2014 [II] PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION DONE AT MONTREAL ON 23RD SEPTEMBER, 1971, SIGNED AT MONTREAL ON 24TH FEBRUARY, 1988 [MONTREAL PROTOCOL 1988].
[III] CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES FOR THE PURPOSE OF DETECTION DONE IN MONTREAL, 1ST MARCH, 1991 IV.

MOTION OF THE COMMITTEE ON APPOINTMENTS AND THE PUBLIC SERVICE PROPOSER: HON.

MATHEW S. NYUMA SECONDER: HON.

BASHIRU SILIKIE BE IT RESOLVED THAT THE FIFTH REPORT OF THE SECOND SESSION OF THE COMMITTEE ON APPOINTMENTS AND THE PUBLIC SERVICE BE ADOPTED BY THE HOUSE AND THAT THE RECOMMENDATIONS CONTAINED THEREIN BE APPROVED.
V. BILL THE CIVIL AVIATION ACT, 2019 INTRODUCTION AND FIRST READING THE MINISTER OF TRANSPORT AND AVIATION SECOND READING, COMMITTEE STAGE AND THIRD READING THE MINISTER OF TRANSPORT AND AVIATION 3 THE CHAMBER OF PARLIAMENT OF THE REPUBLIC OF SIERRA LEONE Official Hansard Report of the Proceedings of the House _____________________________________________________________ FIFTH SESSION – SECOND MEETING OF THE FIFTH PARLIAMENT OF THE SECOND REPUBLIC _____________________________ Thursday, 29th August, 2019.
I. PRAYERS [The Table Clerk, Mrs Bintu Weston, Read the Prayers] [The House met at 10:00 a.m. in Parliament Building, Tower Hill, Freetown] [The Speaker, Hon.

Dr Abass Chernor Bundu in the Chair] The House was called to Order 4 COMMUNICATION FROM THE CHAIR THE SPEAKER: Honourable Members, I would like to state here that promises made in this House are meant to be kept.

You all know that I always endeavour to be on my seat before 10:00 a.m. That is a means of encouraging punctuality.
I made that promise during the last sitting on the 16th July, 2019.

Against that backdrop, and in view of what has happened this morning, I would like to stand the House down for a meeting in Committee Room 1.

So, it is my privilege to invite Members of Parliament to Committee Room 1.

There are issues we need to discuss in camera before we proceed.

HON.

MATHEW S. NYUMA: Mr Speaker, the Honourable Daniel B. Koroma is on his legs and we should listen to him.

HON.
HON.

DANIEL B. KOROMA: Thank you, Mr Speaker.

As I said earlier, this is very important and I want to believe that since Parliament is the brain of this country, we should be seen doing what is expected of us.

So, even though it may not be appropriate, but I want to appeal to this House to give us 30 minutes, so that other Members will be here to listen to your concerns.

I am not saying that is not correct.


I am just suggesting that you give us time, so that we meet in Committee Room 1; and by so doing, most Members would have been here.

I am just suggesting sir.

THE SPEAKER: Honourable Members, please take your seats.

I have been informed that we have a quorum, but we shall not proceed with today’s proceedings in the Well of this House until after the meeting that I am now convening in Committee Room 1.
So, all Members of Parliament are kindly invited to Committee Room 1.

[The House rose at 10:06 a.m. and resumed at 12:42 p.m.] II.

CORRECTION OF VOTES AND PROCEEDINGS FOR THE PARLIAMENTARY SITTING HELD ON THURSDAY, 16TH JULY, 2019 THE SPEAKER: Honourable Members, we go through the record of Votes and Proceedings for the parliamentary sitting held on Thursday, 16th July, 2019.

In conformity with our usual practice, we shall skip pages 1 through to 4 and we shall start 5 with Page 5.
Are there any comments, observations or amendments to make on that page?

Page 6?

Page 7?

HON.

SORIBA TURAY: Mr Speaker, Page 7, under the names of this Committee Members.

The ninth name, Honourable Dr G. Koroma, ‘member’ is not completely spelt.

The ‘r’ is omitted.

THE SPEAKER: Honourable Member, are you making that amendment on his behalf?

HON.

SORIBA TURAY: Mr Speaker, the ‘r’ is omitted from the word ‘member’ THE SPEAKER: Oh Member?

HON.

SORIBA TURAY: Yes, Mr Speaker.


THE SPEAKER: That is a typo and I am sure the clerks will take note of that.

Thank you, Honourable Member.

Page 8?

Page 9?

HON.

MATHEW S. NYUMA: Mr Speaker, Page 9 item 14.

Honourable Mathew S. Nyuma, Acting Leader of Government Business.

Let us check the spelling of the word ‘business.’ THE SPEAKER: Again, it is a typographical error.

HON.

MATHEW S. NYUMA: Well, I do not think it is a typographical error.
THE SPEAKER: It is a typographical error at the end of the page.

MATHEW S. NYUMA: No, there is double ‘s’ here, Mr Speaker.

THE SPEAKER: Yes, it is a typo.

It will be taken care of, Honourable Member.

Page 10?

Page 11?

Can someone move for the adoption of the record of Votes and Proceedings for the parliamentary sitting, held on Thursday, 16th July, 2019 as amended?

HON.

JOSEPH W. LAMIN: Mr Speaker, I so move.

THE SPEAKER: Any seconder?

HON.

HAFIJU M. KANJA: Mr Speaker, I so second.


6 [Question Proposed, Put and Agreed to] [Record of Votes and Proceedings for the parliamentary sitting held on Thursday, 16th July, 2019 has been adopted as amended] III.

PAPERS LAID THE DEPUTY MINISTER OF TRANSPORT AND AVIATION THE SPEAKER: Mr Minister, the Order Paper speaks of the substantive Minister.

Can you tell us why he is not here, please?


MR SADIQ SILLAH [Deputy Minister of Transport]: Mr Speaker, Honourable Members, the substantive Minister is unavoidably absent.
Having said that, I beg to lay on the Table of this noble House the following documents: [i] Protocol to amend the Convention on offences and certain other Acts Committed on Board Aircraft done in Montreal, 4th April, 2014; [ii] Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done in Montreal on the 23rd September, 1971, signed in Montreal on 24th February, 1988 [Montreal Protocol 1988]; and [iii] Convention on the Marking of Plastic Explosives for the Purpose of Detection done in Montreal, 1st March, 1991 [Applause].
IV.

MOTION OF THE COMMITTEE ON APPOINTMENTS AND THE PUBLIC SERVICE.

PROPOSER: HON.

MATHEW S. NYUMA SECONDER: HON.

HASSAN A. SESAY HON.

MATHEW S. NYUMA: Mr Speaker, Honourable Members, I present to you the Fifth Report of the Second Session of the Committee on Appointments and the Public Service.

1.
Introduction Mr Speaker, Honourable Members, the Committee on Appointments and the Public Service that is charged with the responsibility of vetting presidential nominees to select 7 the most fitted and qualified persons to serve in public offices, met on Friday, 23rd August, 2019 and interviewed nine presidential nominees for appointments to the following positions: [i] two Members, Board of Directors, Audit Services Sierra Leone Board; [ii] two Members, Board of Directors, Sierra Leone Water Company; [iii] one Member, Anti-Corruption Advisory Board; [iv] one Member, Board of Directors, Sierra Leone Civil Aviation Board; [v] one Member, Independent Media Commission; [vi] one Member, Board of Directors, Sierra Leone Local Content Agency; and [vii] one Member, Board of Directors, Sierra Leone Road Safety Authority [SLRSA].
2.

Procedure The Committee conducted the hearings within the ambit of its established criteria set out to elicit facts as to whether the nominees are fit and qualified for their proposed appointments.
The deliberations of the Committee were guided by the principle of objectivity to the extent that beside perusing the specified documents provided by the nominees, the Committee went further to request for public input into the vetting process by furnishing the Committee with information of relevance to the suitability of the nominees or otherwise for their proposed appointments.
The Committee certified that the nominees were cleared of any criminal records by the Criminal Investigation Department [CID] and that they have the relevant qualifications and necessary backup experience to man such important offices of state.
Inquiring questions put to the nominees covered wide ranging issues pertaining to their track records in other pertinent work situations, their declared assets and liabilities, fulfilment of their tax obligations and their visions for a successful and nationally productive tenure.

3.

Sixth sitting of the Committee on Friday, 23rd August, 2019 Mr Speaker, Honourable Members, the following nominees were interviewed on oaths: 8 i. Mr Charles Rogers, Proposed Chairman, Board of Directors, Audit Service Board.
Mr Charles Rogers is a professional Accountant with a wealth of experience in corporate administration.

He served as a Lecturer in Accounting, Banking and Finance at the School of Social Sciences, Njala University College, 2011-2018 and held other executive positions in the Njala University Administration.
Mr Rogers had previously served as Financial Controller, Mining and General Services [MAGS] Ltd, 1993-2000 Accounting Manager/Treasurer, Mobil Oil Sierra Leone, Kissy Terminal, Sierra Leone Housing Corporation [SALHOC], amongst others.

Reacting to probing questions, Mr Charles Rogers said: “I hope to bring integrity to the Audit Service Board, identify myself with the Strategic Plan of the institution and lend my hands to the development of the institution.
The labour turnout of that institution has been very low over the years, and I hope to play a significant role in addressing that situation.

The difficulties encountered by employees in an institution needs to be given consideration.” He assured the Committee that he would identify himself with positive benchmarks and work to the best of his ability to change the narrative of the institution.

HON.
HON.

DICKSON M. ROGERS: Mr Speaker, I stand on S.O 82 to suspend S.O 5[2] so that the business of the House will continue.

Suspension of S.O 5[2] HON.

MATHEW S. NYUMA: Mr Speaker, under your administration things are happening differently, we are changing the narrative.

Thank you for your understanding.

ii.

Mr Joshua Nicol, Proposed Member, Anti-Corruption Advisory Board.
Mr Joshua Nicol is a Communication Specialist with a wealth of experience in Broadcast- Journalism, Media Trainer and Media Regulator.

Mr Joshua Nicol is on record to have served as Programme Officer for Sierra Leone Broadcasting Services [SLBS] now Sierra Leone Broadcasting Corporation SLBC from 1982-2006.

He is presently a Lecturer at the Mass Communication Department, University of Sierra Leone.
9 Reacting to the Committee’s questions, Mr Joshua Nicol said: “I am presenting myself as a professional media practitioner with integrity.

Since my nomination, I have taken time to go through the recently launched Anti- Corruption National Strategy Document.

I saw in it a lot of work in terms of civic education as well as mainstreaming the Anti-Corruption Commission’s processes and procedures within Government institutions.
I see that as very important because public education is keyed to the work of the Anti- Corruption Commission.” iii.

Madam Alphinia Williams, Proposed Member, Independent Media Commission [IMC].

Madam Alphinia Williams is a broadcast-journalist who once volunteered to serve as Reporter and Presenter for Radio Democracy 2008-2010.

She is currently the Head of Programmes for Radio Maria, Sierra Leone, a Christian Radio from 2014 to date.
Questioned on how she would encourage young journalists, Madam Williams said: “I have been a Journalist for over a decade now and I know the Independent Media Commission is all about the media.
If I obtain the blessings of this House, I will advise that the Commission engage young practicing journalists to be studious, practice journalism in an ethical manner and follow the IMC Code of Practice.” She was hopeful that mentoring the young journalists through training and seminars would help them become good journalists.

iv.

Mrs Rosaline McCarthy, Proposed Member, Board of Directors, Sierra Leone Water Company [SALWACO].
Mrs Rosaline McCarthy is a retired Lecturer, Freetown Teachers College, 1985-2013.

She is an Educationist, Researcher, Trainer, Facilitator, Gender and Human Rights Activist who has been involved in organising, facilitating, and training on gender equality issues for nearly two decades.

Answering to the Committee’s inquiries, Mrs Rosaline McCarthy said: “I believe in team-work and I know that the Board at SALWACO has been working on how to improve quality water supply all over the country.
If I receive your 10 blessings of approval, I will join them and collaborate with them to ensure that we make progress as a Board.

Water is life.” v. Mr Abu Bakarr M. Sheriff, Proposed Member, Board of Directors, Sierra Leone Water Company [SALWACO].

Mr Abu Bakarr Sheriff is a Housing Management expert with a wealth of international experience while he lived and worked in the United Kingdom.
Responding to the Committee’s inquiries, on his knowledge about the functions of SALWACO, Mr Abu Bakarr M. Sheriff said: “I have a fairly good knowledge on how Boards of this nature work.

The Board is expected to provide leadership, set policies and programs for the management to implement.

If I obtain the approval of this Honourable House, I hope to be in the position to contribute towards service delivery.
Knowing SALWACO to be responsible for the provision of water for the entire provinces, I promise to work to the best of my ability for the success of the institution.” vi.

Ms Edleen B. Elba, Proposed Member, Board of Directors, Sierra Leone Local Content Agency.

Miss Edleen B. Elba is a Chartered Accountant with experience in revenue mobilisation who has also acquired a wealth of leadership and administrative skills from diverse reputable corporate institutions she has served.
She is currently the Managing Director for Job Search, Sierra Leone - an institution whose main objective is to improve the human resource potentials by providing recruitment opportunities and skills development.

Reacting to the prompts of the Committee, Ms Edleen B. Elba said: “Most Sierra Leoneans are going to benefit from our local content.

Basically our objective is to make Sierra Leonean employees of choice for organizations operating within Sierra Leone.
We will consult and advocate with relevant authorities especially the Ministry of Labour to have the right laws and policies in place in order to help economic growth with progressive jobs creation for the growing youth population of this country.” 11 vii.

Ms Fatmata Denton, Proposed Member, Board of Directors, Audit Service Board.

Miss Fatmata Denton is a Chartered Accountant with varied work experience gained from reputable institutions, both private and public sectors in Sierra Leone and beyond.
To date, she is the Director of the Secretariat for the Institute of Chartered Accountants of Sierra Leone.

In her response to probing questions, Ms Fatmata Denton said: “I am a Chartered Accountant and a Banker at the same time.

I have over twenty years experience in financial management.

So, I have the requisite competence and the experience to take to the Audit Service Board.
I know about good Governance, I know about the requirements of the Boards, having trainings on corporate Governance in various capacities.

As a good team player, I am going to support the Chairperson of the Board in ensuring that we promote accountability, professionalism, and the value for money in public institutions in Sierra Leone.” viii.

Alhaji Mohamed Baimba Fadika, Proposed Member, Board of Directors, Sierra Leone Roads Safety Authority.
Mr Alhaji M. Fadika is a dedicated, diligent worker with lots of interpersonal skills.

He served the Ministry of Mines from 1994-2007 and was responsible for monitoring of precious minerals.

Answering to inquiring questions, Mr Alhaji M. Fadika explained that: “The functions of Sierra Leone Roads Safety Authority are to take care of transportation, road safety and the likes.

The bad roads and lawlessness of drivers have compounded danger on our roads.
Some drivers cannot even interpret road signs nor obey traffic rules, etc.

If I obtain the approval of Honourable Members, I will ensure that we minimise lawlessness, and create educative programmes for drivers and traffic officers to improve road safety.” Mr Alhaji M. Fadika promised to work assiduously and collaboratively with colleagues Board Members for the success of the Authority.

12 ix.

Mrs Doris Fisher, Proposed Member, Board Of Directors, Sierra Leone Civil Aviation Authority Board [SLCAA].
Mrs Doris Fisher has a background in Gender and International Development.

From 2015-2018, she served the Bluebird Care Ltd, U.K, where she was engaged with managerial and administrative functions.
She was the Communications Officer for the Anti-Corruption Commission 2007-2010 she also served the Sierra National Airlines as the Public Relations Officer 2002 -2007 Reacting to the Committee’s prompts, Mrs Doris Fisher viewed her nomination as a call by His Excellency the President to national service for which she was most grateful.

She promised to draw on the wealth of experience she had gathered in other pertinent work situations for the success of the Authority.
“Having served in the Aviation industry before, I would hope to proffer advice for compliance with the International Civil Aviation Organisations [ICAO] standards.” 4.
Recommendations Mr Speaker, Honourable Members, the Committee adjudged the following Presidential nominees to be fit and qualified for their proposed appointments and therefore recommends to this House for their approval: [i] Mr Charles Rogers, Chairman, Board of Directors, Audit Service Board; [ii] Mr Joshua Nicol, Member, Anti-Corruption Advisory Board; [iii] Madam Alphinia Williams, Member, Independent Media Commission [IMC]; [iv] Mrs Rosaline McCarthy, Member, Board of Directors, Sierra Leone Water Company [SALWACO]; [v] Mr Abu Bakarr M. Sheriff, Member, Board of Directors, Sierra Leone Water Company [SALWACO]; [vi] Ms Edleen B. Elba, Member, Board of Directors, Sierra Leone Local Content Agency; [vii] Ms Fatmata Denton, Member, Board of Directors, Audit Service Board; [viii] Mr Alhaji Mohamed Baimba Fadika, Member, Board of Directors, Sierra Leone Roads Safety Authority; and 13 [ix] Mrs Doris Fisher, Member, Board of Directors, Sierra Leone Civil Aviation Authority Board [SLCAA].
Mr Speaker, Honourable Members, this Fifth Report portrays the unanimous decision of the Committee.

I therefore move that the Third Report of the Second Session of the Committee on Appointments and the Public Service be adopted by the House and that the recommendations contained therein be approved.

Submitted on behalf of Leader of Government Business, Honourable Sidie M. Tunis.

Thank you.

THE SPEAKER: Thank you Acting Leader of Government Business.

Any seconder?

HON.
Any seconder?

HON.

TONGI L. EMILIA: I so second, Mr Speaker.

HON.

MATHEW S. NYUMA: Mr Speaker, I think that was a mistake.

She was not there for the meeting, so she cannot second the motion, by procedure.

So, I move to amend the Order Paper, with your leave, Mr Speaker.

THE SPEAKER: Go ahead.

HON.

MATHEW S. NYUMA: For the seconder of this Motion, I will propose Honourable Bashiru Silikie to second the Motion.

Sorry Honourable Hassan A. Sesay for the inconvenience.

Thank you, Mr Speaker.


THE SPEAKER: Any seconder?

HON.

BASHIRU SILIKIE: I so second, Mr Speaker.

[Question Proposed] HON.

BASHIRU SILIKIE: Thank you very much, Mr Speaker.

Mr Speaker, Honourable Members, we have nominees presented to this House this morning.

I want to remind the nominees that there is a social contract between us as Government and the people of this country.

You have been very lucky to be nominated to various positions.

Our advice as Parliament is for you to go and deliver.
You have to deliver because the people of Sierra Leone want development.

They want their lives to change for the better and they want their livelihood to be improved.

I am sure that responsibility has to be performed by you.

You have to work very hard in your various institutions, so that 14 this Government will achieve and after five years we will have to read our scorecard to the people of this country.
Mr Speaker, Honourable Members, we are not expecting any disappointment from these nominees because they are going to be approved by Parliament.

If all of us agree and approve them, I am sure they are going to deliver.

As Members of Parliament, we are not responsible for development.

You are going to be responsible for development and we are going to knock on your doors.

When we visit your offices, please open your doors for us.
We are not going to beg you for development, but to ensure that moneys appropriated by this House and donor funds are judiciously utilised.

So, it is our responsibility as Members of Parliament to monitor the utilisation of such funds.

We will be asking pertinent questions about those moneys.

Every five years the turnover of this Parliament is huge because of the performance of nominees.

Parliamentarians always suffer the consequence because of your activities.
The people sometimes vote us out because you fail to deliver.

The people believe that we are responsible for development, but we are not.

Mr Speaker, Honourable Members, I am sure Local Councils and the Executive Arm are responsible for development, but the people usually punish Members of Parliament and in turn they vote us out.

So, we are going to conduct our oversight functions and we are going to make sure that we go to your offices.
We are going to invite you here, so that you perform what you are supposed to do.

This is a new Parliament and we have just concluded a Leadership Retreat.

I am sure all of us have accepted to work as a team and no more party politics in this House.

This Parliament is going to make sure that you deliver because if you do not deliver, we will be voted out.

Members of Parliament will suffer for your ineptness and we will suffer for what we do not know.
We do not want to be faced with that situation at all.

So, we expect you to succeed through excellent performance.

We expect you to open your doors for us or to pick our calls.

No Member of Parliament is going to beg you to provide food for him or her.

We are calling you to do the needful at all times.


15 On that note, Mr Speaker, Honourable Members, I support these nominations and therefore ask this Honourable House to approve these nominees, so that we will begin our oversight immediately they take their respective offices.

I thank you very much.

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

HON.

HASSAN A. SESAY: Thank you, Mr Speaker.


We have prominent Sierra Leoneans who are about to be approved by this House, so that they can help the President to perform various state functions.

Like we normally say and my colleagues from the other side has just reiterated, party politics stops at that door.

Sometimes when we fail to differentiate between national and partisan issues that is the area where we always miss the point in our governance process.
My appeal to the nominees is that they should work assiduously for the progress of Sierra Leone because we have only one country.

As politicians, we usually encounter partisan issues, but we have to live above that.

We have to look at the bigger picture, which is Sierra Leone.

As Sierra Leoneans, you have to do a job for Sierra Leone, so that you can be remembered one day.

So, let us look at the bigger picture whilst discharging our functions.
When it is time for politics, we will all go to our different ends and strategise.

Let us ensure that politics remains a politics of ideas and not a politics of vengeance or brutality.

Let us stay away from that because it will only destroy the fabric of our nation and that is what we do not want.

So, I am appealing to my colleagues to approve these nominees and let them go to work for Sierra Leone.

Thank you very much.

THE SPEAKER: I now call on the leadership to wrap up.

HON.
HON.

IBRAHIM B. KARGBO: Mr Speaker, Honourable Members, we are more of Sierra Leoneans than individuals and only by accepting our Sierra Leonean background, our capacity to develop this country is achieved.

Mr Speaker, Honourable Members, our people are anxious to see this country develop.
When you travel to different constituencies or to other parts of the country, everybody wants to be like Rwanda; and everybody wants to be like Ghana, but the fact of the matter is that we can easily be like Ghana or Rwanda if we have the determination to 16 develop this country.

Today, the Leader of this House has presented to us Sierra Leoneans who have been nominated by His Excellency the President to occupy important positions of the state.
We can say these nominees can only perform well if they are dedicated Sierra Leoneans who understand the fact that without the cooperation of Parliament, without the cooperation of other aspects of the state, they simply cannot achieve the goals and the purposes for which they have been nominated to these very important positions.
Mr Speaker, Honourable Members, we on this side, the All People’s Congress, have good reason to believe that we have now decided to look at our friends on the other side as one united people and we are doing so because we need to develop this country very rapidly.

We have also learnt new lessons when we went for the retreat that you can insult, you can talk, you can do this, you can do that but in the end, the people of Sierra Leone come first.
I am sure once this is accepted, we must also not forget that never again should we attempt to marginalise the smaller political parties.

I am saying this in the presence of these nominees for them to go home with the full understanding that the Parliament of Sierra Leone is not just APC and SLPP, the Parliament of Sierra Leone is made up of other political parties that all of us must respect.
Mr Speaker, Honourable Members, I have good reason to believe that some of our Members of Parliament are anxious to leave this Well, and urgently too.

If that is the case, all I can say is that the APC recognises the nomination made by the President and we also recognise the very important positions which have been given to these important Sierra Leoneans.

Thank you very much Mr Speaker.

THE SPEAKER: I thank the Acting Leader of the Opposition.

I call on the Acting Leader of Government Business.

HON.
HON.

MATHEW S. NYUMA: Mr Speaker, Honourable Members, I thank the Acting Leader of the Opposition for his presentation.

I want to remind you that rhetoric are good, but I believe that sincerity will be the corner stone of what we are doing.

Our utterances must reflect our actions and that has always been my belief.

17 Mr Speaker, Honourable Members, we said the ‘New Direction’ is to change the narrative.
Nomenclature cannot divide us because it is just a point where we identify ourselves as APC, SLPP, NGC, C4C, Independent Members and Paramount Chiefs.

These are nomenclatures and we should not allow them to divide us at all.

Let us focus on what we are here for as Sierra Leoneans.

We should not allow party colours and ethnicity to divide us.

I am sure for far too long, we have been using tribal sentiments to incite people or to nurture violence.

These things cannot unite a nation.


We can only be united if we talk about good governance as we are doing today.

Mr Speaker, Honourable Members, under the leadership of the Speaker, we were able to organise a retreat which was a very fantastic idea.

Today, we have heard various speakers talking about unity.

I always stand for the truth and sincerity and this was why I mentioned rhetoric earlier because practice and reality are two different things.
We have to be sincere with what we say and repose confidence in our leadership.

I want to admonish my colleagues to have faith in the leaders we have in this House.

We should not allow tiny aspects of our lives to corrupt us.

We are all Sierra Leoneans and these are presidential nominees.

Today, we have given them the latitude and support for them to go and do their work.

They have stated their experiences and we have not named ethnicity in their presentations.
What we did is to talk about their experiences and qualifications.

We believe that if this House approve their nominations, they will work for the good of Sierra Leone and for the good of the ordinary man.

Mr Speaker, Honourable Members, I want to thank you very much.

I would like to thank the Acting Leader of the Opposition for his exposé.

Let there be effective collaboration with sincerity and trust from all Members in this House.
I am sure under the leadership of the Honourable Speaker, we will work as a team.

I believe that this Session we are about to commence after the recess will be a different session.

Let us uphold the principles of one nation and one people.

On that note, I move that the Fifth Report of the Second Section of the Committee on Appointments and the Public Service be adopted by the House and that the recommendations contained therein be approved.

I thank you very much.


18 THE SPEAKER: I thank the Acting Leader of Government Business for his contribution.

[Question Proposed, Put and Agreed to] [Motion of the Committee on Appointments and the Public Service has been approved] THE SPEAKER: Honourable Members, it is now my privilege to add my voice of commendation and congratulations to the new nominees.

But before I do so, I cannot help but remind all of us that there is a new spirit that seems to be permeating in this House.
I do not know how to describe it, maybe the Bo Parliamentary Leadership Retreat is indeed permeating the four corners of this House.

I noticed from the statements made by various speakers that we can easily describe this as ‘new spirit of cooperation and collaboration.’ If I may use the slogan of the epithet, ‘One Country, One People now and forever.’ I really want to congratulate the participants of the retreat in Bo.

HON.

KANDEH K. YUMKELLA: Country first, Mr Speaker.


THE SPEAKER: Indeed, country first.

I think they all mean the same thing.

HON.

KANDEH K. YUMKELLA: ‘You touch one, you touch all.’ THE SPEAKER: Orsai!

Orwai!

I want the echoes to go out and that is the new spirit.

The new spirit in the House is a spirit of consultations, a spirit of cooperation and collaboration and the overarching interest is the national interest.

That is the overarching interest over everything else.
I congratulate the participants of the Bo Parliamentary Leadership Retreat.

Today, I think we can safely use this day as ‘the Day of the Accountants’, we have so many Accountants to approve today more than any other day as far as I can recall in the life of this Fifth Parliament.

We are faced with eminent personalities whose expertise and experiences are beyond reproach or question.
I really do on your behalf, add my voice of felicitations and congratulations to all the nominees, and to wish them well and great success in their new assignments.

With their background experiences and qualifications, I am sure this entire House has no doubt that they will live up to the expectations of both His Excellency and the nation as a whole.

We thank His Excellency for these wonderful nominees and we want to 19 extend our best wishes to all of you in your new assignments.
Once more, congratulations and we expect nothing but the best from you.

V. BILL THE CIVIL AVIATION ACT, 2019 INTRODUCTION AND FIRST READING THE MINISTER OF TRANSPORT AND AVIATION HON.

PC BAI KURR KANAGBARO SANKA III: Mr Speaker, I stand on a point of order.

THE SPEAKER: Go ahead, Honourable Paramount Chief.

HON.

PC BAI KURR KANAGBARO SANKA III: Thank you, Mr Speaker.

As usual, this is a very important Act, but some of us have just received the documents to be discussed today.
We have not read the documents before and it will be unfair to us and this nation if we fail to contribute.

So, I ask for you to adjourn and give us time to read these documents.

I am just from Masingbi.

THE SPEAKER: I pity the Honourable Paramount Chief.

He has admitted that he travelled from Masingbi to Freetown and has not had an opportunity of perusing the Bill that is before this House.

But before we proceed, may I invite the Deputy Minister to do the needful.
MR SADIQ SILLAH [Deputy Minister of Transport and Aviation]: Mr Speaker, Honourable Members, permit me to lay on the Table of this Honourable House a Certificate of Urgency signed by His Excellency the President, Dr Julius Maada Bio in accordance with Standing Orders 62 on the Bill entitled, ‘Civil Aviation Act, 2019.’ THE SPEAKER: In as much as I sympathise with the Honourable Paramount Chief, I am sure Members of Parliament will appreciate the urgency of the situation.

With that, we may now proceed.


Thank you.

MR SADIQ SILLAH: Mr Speaker, Honourable Members, I move that the Bill entitled, ‘the Civil Aviation Act, 2019’ be read the first time.

20 [Question Proposed, Put and Agreed to] [The Bill entitled, ‘The Civil Aviation Act, 2019 has been read the first time].

MR SADIQ SILLAH: Mr Speaker, Honourable Members, I move that the Bill entitled, ‘the Civil Aviation Act, 2019’ be read the second time.
Mr Speaker, Sierra Leone, being a signatory to the Chicago Convention requires compliance with all standards and recommended practise of Annex 17, ‘Safeguarding Civil Aviation against act of unlawful interference.’ Sierra Leone Civil Aviation Authority has been designated as the appropriate Authority for aviation security responsible for the development, implementation and maintenance of the National Civil Aviation Security Programme.
The Aviation Security Department of the CAA is responsible for carrying out the Authority’s functions in respect of security of Civil Aviation.
The functions of the Aviation Security Department includes but not limited to: ▪ establishes and maintain the National Civil Aviation Security Programme and corresponding reference document in accordance with ICAO requirement and consistent with national policy through the National Civil Aviation Security Committee; ▪ monitors intelligent and information relative to the short and long term threat to aviation in Sierra Leone; ▪ recommending and/or making adjustments to the requirement of the programmes to ensure that counter measures contained herein at all times reflect the current threat level; ▪ oversees the activities of providers of Aviation Security Services; ▪ considers proposed aircraft operators, Airway Drone Operators and other stakeholders security programmes required under the regulations for approval, amendment and extension; ▪ investigates and reviews civil aviation security related incidences and acts of unlawful interference; ▪ provides Aviation Security Information and advice to the Authority and other appropriate stakeholders; 21 ▪ surveys international and Domestic Airport Security Systems to confirm that the aviation security activities of aerodrome operators, aircraft operators, security service providers and government agencies involved are coordinated and mutually supportive; and ▪ conducts risk assessment with other relevant National and Local Authorities; examples the Sierra Leone Armed Forces and the Sierra Leone Police to ensure that appropriate measures on the ground or operational procedures are established to mitigate possible attacks against aircrafts using man portable air defence system and other weapons representing a similar threat to Air Craft at, or near an airport.
Mr Speaker, Honourable Members, to effectively and efficiently carry out the above mentioned functions, the Aviation Industry in Sierra Leone requires a strong and all- encompassing Act to serve as the legal basis for the implementation of Aviation Security Policy and Airport procedures; hence the need to review the current legislation.
Furthermore, Sierra Leone is presently undergoing the Universal Security Audit Programme on continuous monitory approach mission which will run from August, 20th to August, 30th 2019.

In preparation for this audit, the International Civil Aviation Organisation ICAO Regional Office dispatched a couple of assistant Mission to Sierra Leone to assist the state level of preparedness.
The Mission concluded that the implementation of security measures at the Freetown International Airport is laudable, but the measures should be backed by a strong legal framework.

Some of the security measures currently being implemented at the airport can be legally challenged, hence they need to review and strengthen the current Civil Aviation Act of 2017 in order to address the latest amendment to Annex 17 and Annex 9 of the Chicago Convention.
Mr Speaker, Honourable Members, in 2013, the aviation security sector in Sierra Leone was audited with a rating of 63%.

In 2019, audit is more comprehensive because whilst the 2013 audit was based on 297 protocol questions, the on-going 2019 audit is based on 497 protocol questions due to new security threats that arose as a result of the Brussels bombing in 2016 and the Cyber threat.

ICAO has set the global effective implementation level by all state at 75% by 2020.
Therefore, in order to improve on 22 Sierra Leone’s 63% rating in 2013 and to surpass the 75% target set by ICAO, an amendment to the Act is required, so that Sierra Leone can comply with all the International legal requirements on aviation security.

The on-going security audit is Sierra Leone’s last chance to be rated before the 2020 Global effective implementation level comes into effect.

Failure to get the Act amended, these are some of the issues the country would face.
If the Act is not amended, Sierra Leone would not attain the Global Security rating on effective implementation level of 75%.

Mr Speaker, Honourable Members, Sierra Leone’s International Airport would be declared unsecured and may be blacklisted.
It would have concomitant effect on ticket pricing as any airline flying into Sierra Leone may do so at their own risk, and thereby attracting high premium from insurance companies that would certainly affect ticket pricing and make Sierra Leone an ever more expensive destination than it is presently.

It would also make the country uncompetitive in terms of tourism promotion and development and thus, negate Government’s effort towards economic diversification.

What is required of us as a nation by ICAO?
A review of the current Civil Aviation Act, 2017 to meet the ICAO legal requirements are as follows: ▪ establish an appropriate Authority for Aviation Security responsible for development; ▪ ▪ implementation and maintenance of the National Aviation Security Programme; issue orders, circulars or directives to require the implementation of immediate security measures; ▪ provide for the enforcement of the applicable rules; ▪ criminalise an action that would constitute an act of unlawful interference against Civil Aviation; and ▪ enable National Aviation Security Inspectors to have unrestricted and unlimited access to Aircraft and Aviation facilities and to assess and inspect Aviation documentations for the performance of their functions and duties.
Mr Speaker, Honourable Members of Parliament, I would attempt to lay some of the importance of Aviation to the Economy; The Aviation sector, particularly the Air Transport arm, if developed will traditionally experience higher growth than most other 23 Industries.

Demand for Air Transport is closely linked with Economic development.

At the same time, Air Transport is a driver in an Economy.
In addition to providing connectivity and increase accessibility, aviation is important to a state economic performance because its supports Economic output, attract business and Tourism, support local economic development and retain jobs that might otherwise be relocated elsewhere.

Investment in Aviation always supports Government’s new direction on diversified economic growth, accelerating human development, international competitiveness, labour and employment.
Mr Speaker, Honourable Members, major addition to the Civil Aviation Act of 2019, addition of new functions in Section 15 to include provisions on Aviation Security; Section 15 [2] A to S, Director General dedicates his functions on Aviation Security to Aviation Inspectors; Section 24 [1A to 3], grant unlimited and unrestricted rights of access to all Documents and Civil Aviation facilities for inspection; Section [44], Director General to specify Documents to be carried on board Aircraft; Section [45], new part 12 on Aviation Security which provides for power to make regulations on Aviation Security, the formulation of Aviation Security Policies, National Civil Aviation Security Programmes and the establishment of advanced passenger information system; Section 107 to 111, new Section 13 on Aviation Security Oversight which provides for the creation of a new Security Oversight Unit and the formulation of a National Civil Aviation Policy; Section 112 and 113, new offences and penalties in part 14, high jacking unlawful interference with Civil Aviation, forced imprisonment powers of the Attorney General to Prosecute; Section [117], [112], [113] and [126], Memorandum of Object and reasons; the Object of this Bill is to amend the Civil Aviation Act, 2017 to provide for an effective Aviation Security Oversight system to address the outstanding requirements of the Chicago Convention on International Aviation 1944 and to provide for other related matters.
Mr Speaker, Honourable Members, this Bill is divided into seven parts: Part 1 provides for the interpretation of certain terms and expressions in the Bill; Part 2 deals with the continuation of Civil Aviation Authority as a Legal entity; Part 3 states the Objects, Functions and Powers of Civil Aviation Authority, including the power of the Director 24 General to obtain information, issue compliance and emergency orders and grant exemptions; Part 4 deals with the administrative provisions; Part 5 deals with the financial provisions; Part 6 deals with the Airspace Control and Facilities, including the Airspace and regulations of Air traffic; Part 7 deals with the nationality, and aircraft ownership, including aircraft registration; Part 8 deals with the safety registrations of civil aviation, including safety powers and duties, and safety programmes of aircraft; Part 9 deals with the aircraft accidents, and incidents investigation; Part 10 deals with air transport licences and permit; Part 11 deals with the establishment of aero drums; Part 12 deals with evasion security; Part 13 deals with aviation security oversight, including aviation security oversight unit, and security programmes, Part 14 deals with offences and penalties; and Part 15 provides miscellaneous, including repeal and saving provisions as well, as the powers of the Director General to make rules for the purpose of giving effect to the provisions of this.
In conclusion, Mr Speaker, Honourable Members, the ability of Sierra Leone to attract more flights depends on its safety and security rating which can only be achieved if the Civil Aviation Act is amended.

I move that the Bill entitled, the Civil Aviation Act 2019 be read for the second time.

[Question Proposed] HON.

DICKSON M. ROGERS: Thank you, Mr Speaker.

Mr Speaker, let me first of all take the cue from previous speakers, both the Opposition and the Ruling for what transpired in Bo.
I would like to sing a song which says, “The things we used to do, we do them no more.” When went to Bo, we agreed that we were going to work as a united Parliament.

We agreed that we should put all partisan issues aside to make sure that this Parliament functions as a united Parliament.
On that note, Mr Speaker, Honourable Members, we should not delay in passing this Bill into law because as the Minister has explained, it is in the interest of this country not in the interest of one single political party.

The Minister said that in 2013, Sierra Leone was rated 63% and that was under the APC Government.

Now we want to build on that progress to make sure that we attain the 75% or even more than that.
I want to 25 say kudos to Honourable Daniel B. Koroma because he told us this morning that this Bill will be one of the finest Bills if passed into law.

This is because it has to do with not only the economy of this country, but the status of the country.

It is going to put Sierra Leone on the map and other nations will know that Sierra Leone is ready for business.
Mr Speaker, Honourable Members, we were perturbed when we heard that somebody was caught trying to sneak into a plane without going through security checks.

It was a very serious security breach.

We want Sierra Leone to be on the map.

Therefore, in supporting this Bill based on what we have read and what the Minister has said, I want to ask my colleagues to start implementing the Bo declaration.

I am sure this Bill is in the best interest of this country.
It is not going to cater only for this present Government, but it will serve all of us.

We have travelled far and wide and we know there are security measures at every airport.

Therefore, as Chairman of the parliamentary Committee on Transport and Aviation, I want to plead with my colleagues to ratify this Bill.

I thank you, Mr Speaker.

THE SPEAKER: I thank the Honourable Member who doubles as the Chairman of the select Committee on Transport and Aviation.
I recognise the Honourable Dr Kandeh K. Yumkella, to be followed by the Honourable Hassan A. Sesay, etc.

HON.

DR KANDEH K. YUMKELLA: Thank you very much, Mr Speaker.

Mr Speaker, Honourable Members, within the spirit of the Bo proclamation, we will also be very constructive and supportive.
Therefore, on behalf of the House, I want to say to Honourable Minister that we want him to take a message to the Executive that this new Parliament does not like passing Emergency Bills unless it is absolutely necessary.

Several of us have been on study tours on the best performing Parliaments in Africa.

Some of us are also Members of the Pan-African Parliament and other international Parliaments.

The Executive Arm has to conform to the schedule of Parliament.
On behalf of our colleagues, we are not pleased that we had to be called back from recess.

Mr Speaker, just yesterday the British Parliament announced they were going on recess for five weeks.

Last month the United States [US] Congress announced they were going on recess.

We have listened carefully to all what you have said, and we fully agree that 26 it is important for the benefit of this Parliament.

Can you tell us why it took you so long and why it has to be an emergency?
I want to assure you that we are going to pass this Bill because we have discussed it.

We however agree that this is very important, but the question is what took you so long to discover the importance of this Bill?

We are going to pass it into law because we have a new spirit in this House.

We however do not want do not want it to be a habit that everything comes here we do not read it, we are not given due notice and we pass it, this is a very important Bill.
We will appeal to Honourable Chief Bai Kurr that we debated it, there are reasons why today we will concede, and let this Bill through very quickly probably the fastest approval any Bill has seen here, but at least we deserve to know in three minutes why did it take you so long?

THE SPEAKER: I want to thank the Honourable Dr Kandeh K. Yumkella for his contribution.

Let me take advantage of the Chair to draw attention to Page 10 of the Votes and Proceedings we adopted this morning.
It says, ‘the Speaker ruled that Oversight Committees should ensure that they check for conventions that were yet to be brought to Parliament for ratification and incorporate them in their reports.

Mr Minister, we noticed that before you made this presentation of the Bill you laid before Parliament, there are Protocols and Conventions that are yet to be ratified by this House.
I hope that you have not left any protocols and conventions behind gathering dust on the shelves, as the ones that you presented today.

I think from now on, we are going to put Ministers to task.

This idea of coming here at the eleventh hour is not a good practice at all.

If due diligence is done at ministerial level, there will be no need for certificates of urgency from the presidency.

If due diligence is exercised in the various ministries, Conventions and Protocols will not be gathering dust.
So, I think in your response to that question, I will be particularly interested to know whether you brought everything to us today.

Are you sure the documents you have just laid on the Table are the ones that are really urgent and needed to be laid?

Do you think you have not left any other Conventions or Protocols behind?

Secondly, why did it take you so long, knowing how difficult or the imperative of meeting international standards to get 27 our international airport approved on continual basis.
I think I have already listed them.

I call on Honourable Hassan A. Sesay to make his contribution.

HON.

HASSAN A. SESAY: Thank you, Mr Speaker.

I take the cue from my colleagues who spoke before me on this issue.

We have no intention of opposing this Bill.

We will support anything that has to do with the progress of this country because we love Sierra Leone.

I want to also talk about the late presentation of documents, which my colleague mentioned earlier.
The Speaker also spoke about it and I will take it from there.

I am reiterating this point because we need to reemphasise that aspect of the governance process.

Usually, civil servants tend to paint a picture as if this Parliament is not doing what it is purposed to be doing.

This document has been gathering dust for some time now.

We have said it repeatedly here that the Executive Arm should work within the calendar of Parliament and not the reverse.
Mr Speaker, Honourable Members, the Honourable Paramount Chief came with lots of enthusiasm to contribute to this debate because he thinks this is very important.

However, he may not contribute anything because he has not been able to read the documents.

This House would like to warn all MDAs that documents should be brought to this House on time.
Any document that has to do with ratification which a Minister has signed, but refused to bring it to Parliament when we are not supposed to be debating it at that material time, we are going to prove very difficult.

Having said that, Mr Speaker, Honourable Members, the new spirit we have in this House will not take the partisanship into consideration, but Parliament first.

With the new spirit, we are now working since we are dealing with issues relating to airport security.
I think it is not controversial and we need it.

I am in support of it and I will ask my colleagues to ratify this Bill.

I want to however warn the Minister to ensure that in future, every document that needs ratification is brought to this House when Parliament is in session.

I am saying this because we are not supposed to be here today.

The Speaker was however able to inform the Clerk and the Clerk conveyed the information to all of us.
The Leader of Government Business was also able to advance reasons why we must be here.

We agreed because it is about Sierra Leone, a land that we love so 28 dearly.

However, we want people to understand that these are things we are not going to accept in this House anymore.

I am saying because the Executive should do their and Members of Parliament do theirs.

This Parliament is an Arm of Government and not a department at all.

It is a separate Arm of Government like the Executive and the Judiciary.
Mr Speaker, Honourable Members, I am sure the next session is going to be different.

The new spirit of this Parliament will demonstrate to all MDAs and other members of the Executive Arm that we are coming with a new zeal and a new sense of direction for this House.

I want to also use this opportunity to make an appeal that whoever deserves respect at our airport must be given due respect.
I am sure every President will be a former President and that respect that is due to a former President should be given to him/her.

If we are talking about a new spirit of reinvigoration in the Sierra Leone governance process, I think those areas must be considered with all seriousness.

Please issues of that nature must not happen wherein people that have served this country are embarrassed at the airport.
Let us stop doing that because today is Rtd Brigadier Julius Maada Bio is the President, but tomorrow he will not be President again, but we will still respect him because he has served in the highest office of this country.

So, we want every other person to be respected.

I thank you very much.

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

I will now recognise the Honourable Emerson S. Lamina.

HON.

SAA E. LAMINA: Thank you very much, Mr Speaker.


Mr Speaker, Honourable Members, the Bill under consideration is not a controversial one.

I will implore Honourable Members to speedily ratify it because we want our country to compete with other countries in the aviation industry.

In 2019, Sierra Leone got 55% that is very important.
If Sierra Leone got that particular average, I am sure bringing performance based for us to catch up with other countries is important because of the socio- economic situation of our country.

I also share the concerns raised by other Honourable Members for presenting this Bill at this time.

However, we should also take note of the fact that because of unavailability of funds, it has been very difficult to perform 29 oversight functions.
The traditional roles of parliamentarians are to oversee, make laws and represent our people.

If we have had the opportunity in the first session to undertake oversight activities, what we are saying now could have been laid to rest.

I want to encourage the public and civil servants to respect Members of Parliament and what they do.

Anytime there are conventions or other Agreements to ratify, we encourage them to do due diligence and at the same time remind the professionals.
Mr Speaker, Honourable Members, I believe Sierra Leone will do her best, so that we can achieve what we intend to achieve.

I am also worried about the performance base.

With all the theories, it is high time we moved to the performance base.

We have heard about alleged $8,000,000 for the refurbishment of our very Airport.

The question is, do you think that is reflected?

This is just a concern, Mr Speaker.

We are also worried about the high rate of Air tickets.

It is indeed a worrisome situation.


The cost of air tickets in Sierra Leone is more than any other country in the Sub-Sahara.

So, I hope the Civil Aviation Act of 2019 will look at those things, so that we will be fairly treated with other countries.

Mr Speaker, Honourable Members, I implore my Honourable Colleagues for the speedy ratification of the document at hand.

Thank you very much.

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

I call on Honourable Bashiru Silikie.

HON.


BASHIRU SILIKIE: Thank you very much Mr Speaker.

Mr Speaker, Honourable Members, this is a very serious Bill that is before us.

It hinges on the livelihood of this country.

My advice to the Ministry of Transport and Aviation is for them to be very proactive.

They need not to be reminded about their responsibilities.

Mr Speaker, Honourable Members, the Minister stated that it had been a challenge to attain the 75%, which is the 2020 target by ICAO.
We had expected the Ministry of Transport to have worked towards achieving the 75%, but that had not happened at all.

Well, the Minister said one of the criteria needed is the legal framework and we are not going to stop that at all.

As a Parliament, our own responsibility is to make sure you 30 achieve the 75%.

We are here as a Parliament to help Government.

Whatever that is our responsibility and whatever we are supposed to do, we will help the Government to achieve its plans.
In the area of legal framework, this is what you have started and it is a laudable venture.

We hope that you will be able to achieve what you have highlighted, so that they will not blacklist us.

Mr Speaker, Honourable Members, we have to reduce the cost of tickets in this country.

We are now faced with a situation when people want to travel, they go by road to Guinea and take a plane there because the ticket cost in Sierra Leone is very high.
We hope that when you achieve that, we will have more flights coming to Sierra Leone.

I am sure that will enable us to compete with other countries.

If the ticket price is reduced, I am sure people will have more opportunity to travel.

Our ticket price is twice the ticket prices of other countries.

Mr Speaker, Honourable Members, the Ministry of Transport and Aviation should work towards ensuring that the air ticket price is reduced for the sake of competition.
The cost of air tickets is scaring away potential tourists and even investors.

It is not that we do not have the attractions, but they do not come to us because of the cost of air tickets.

I am sure the high cost of air ticket in this country is due to the security situation of our Airport.

This amendment is talking about security and we hope that bigger flights will start coming to Sierra Leone.

We hope to see the Emirates and other flights coming to Sierra Leone.
We also want to see everybody who has visa or Passport travels at ease.

On that note, Mr Speaker, Honourable Members, I thank you very much for working towards the achievement of the 75% global rating.

We hope you will be able to conclude before the next rating, so that Sierra Leone will be competitive and will match up with other Airports.

Thank you very much, Mr Speaker.

THE SPEAKER: Honourable Ibrahim B. Kargbo, the Honourable Paramount Chief wanted a minute.

31 HON.
31 HON.

P.C BAI KURR KANAGBARO SANKA III: Mr Speaker, we wish we had got the opportunity to read this Act, but since it is an amended, I have been in other international Parliaments and whenever we do amendment, they usually send the sections that you will be amending.

THE SPEAKER: Honourable Member, you have raised a very crucial point.

I was waiting for Committee Stage myself to raise a few concerns.

I only hope the Ministry is technically present here.
The word ‘amend’ has been used, but I am in doubt whether the process is really an amendment or repeal and replacement.

I have browsed through very quickly and I want to draw your attention specifically to the paragraph 128 [2].

It says, ‘the Civil Aviation Act 2017 is hereby repealed.’ So, it is a replacement and not an amendment we are doing.

Again, the long title says, ‘being an Act to amend.’ It should be ‘being an Act to replace’ I want to however wait till we get to the Committee Stage.
I wanted to however continue to draw the attention of the House to that anomaly.

HON.

PC BAI KURR KANAGBARO SANKA III: Thank you, Mr Speaker.

Because of time, I think we should not cast the blame too far away; we should look at the administration of Parliament itself.

If a Bill like this comes, Parliament should be able to ask questions from the MDA that brought it.

Is it an amendment?

Which Sections are you amending?


So that when they send those Bill to us, we can compare and contrast and debate accordingly and make comparisons.

This is not provided and when I looked at the ‘Arrangement of Sections’ the Civil Aviation Act, amendment of Sections I was confused.

Is this a new Bill?

Are we repealing the old Bill and replacing with this new Bill?

Why are you saying the Civil Aviation Act of 2019 rather than arrangement of sections?
So, I was confused whether it was amendment or we are repealing or we are replacing.

The Administration of Parliament has to be more robust.

When I was here in 1996, all addresses were with the Clerk because urgent documents were sent to us.

They had about four motorbike riders who dispatched documents to us, so that we can read them in time.

I do not know what is happening nowadays.

The world is getting modern, but we are going backwards.
The Order Paper should be sent to us through 32 the electronics means.

Almost all of us are on WhatsApp.

I had to call Members of Parliament who were in Freetown to ask them the nature this Bill and why the urgency.

Mr Speaker, Honourable Members, we have to be more robust with the administration of this Parliament because we want to be given information on time, which is not provided as expected.

We have said it here over and over, but no action is taken.
We want you to make us better Members of Parliament by informing us and giving us the required information on time, so that when we stand to contribute, it will be done genuinely and intelligently.

Mr Speaker, Honourable Members, I wish I had time to read it, but some speakers mentioned the high prices on flight tickets.

Three years ago, students were given scholarships to go to Russia, but under the protocol, the Government of Sierra Leone had to pay for the round trip tickets for the students.
But by the time the process completed, it was almost late and there were children from my own Chiefdom who were not going to attend if they failed to pay.

They went to the Ministry and they were charged $2,225 to go to Russia.

The young boys came to me whose father is an Imam and I decided to pay for them, so that they can join the other students in Russia.

I went to the travelling agencies and I found out that some were charging $2,300, some $2,500, and some $2,225.
In my own experience, I was going to represent the Government of Sierra Leone to Mauritius.

The business ticket they were going to buy was about $10,250.

I looked at the price and I said I would not pay.

I ordered them not to make the appointment and also the booking.

I called Mr Yillah in Ghana, who was there at that time as head of Chancery and he bought that ticket for me at $2,111 for a round trip and the same Airline that was going to take me there.
Mr Yillah bought it for me, sent it by Email and I boarded the same flight for $2,111 as against $10,250.

This is what is going on, when these boys were charged $2,225, I called Mr Yillah, and he bought the fourteen tickets for me at $685 for the fourteen boys.

I paid the money because I did not want them to miss their flight to go to Russia.

Mr Speaker, imagine what I have saved from $2,225 to $685.

Those boys have returned and some of them are now Lecturers at Fourah Bay College.
Their parents went and thanked me.

33 They did not give me a single cent, but I did it for this nation.

Not that I should have said it here, but the ticketing system in Sierra Leone is awfully disgusting.
And let me tell this Parliament as a frequent traveller, when they go in to buy the tickets for us, they buy it very costly, but it is the least ticketing; you have A, B, C, D, E, F, G, H which is all Economy, and if you late to go to the Airport, your ticket will be cancelled and you have to buy new one.

While if you would have bought in an ‘A’ Ticket for us at the same price or almost the same price, you would have to pay $50 difference.
I experienced this in South Africa, so there was a time that I was not accepting the tickets bought from the Agencies anymore.

I would buy my ticket from Ghana and Mr Yillah was doing that for me, just imagine from $2,225 to $685.

Mr Speaker, you have to look at these issues and questions have been asked.

Thank you, Mr Speaker.

THE SPEAKER: Thank you Honourable Paramount Chief.


Paramount Chief, I would have given you more time but frankly I am pressed for time and the Leadership is also pressed for time.

We have a meeting immediately after we rise, I hope you understand?

You are a man I greatly respect.

Can we now conclude this part of the proceedings?

Honourable Acting Leader of Opposition followed by the Acting Leader of Government Business.

HON.
HON.

IBRAHIM B. KARGBO: Mr Speaker, we must accept the fact that the Bill presented by the Honourable Minister is important for the development of Aviation in this country, but also important in the area of addressing the security status of this country.

When you watch the television and you listen to news and then you hear that a Plane has crashed for reasons sometimes that are not very obvious, then you begin to ask yourself the question, is Sierra Leone safe?
Do we have a system that is safe enough to ensure that our Planes do not crash?

The Muslims would pray to God that a thing like this never happens.

Of course you remember Malaysian Airline system which crashed and nobody seems to know what happened to the passengers up to this time.

I have made this brief preamble simple because it is also very necessary for us to address the issues that have to do with our people; the security of our citizens.
The 34 75% can be achieved, it will be achieved and we as a Parliament would always ensure that those things that are necessary for the survival and the importance of the individual Sierra Leonean are addressed.

But like I said, those things that are also important for our safety must also be addressed.

Mr Speaker, Sierra Leone cannot be the poorest country in the world, but we lament so many times as if Sierra Leone is the poorest of the poor.
I have said this Mr Speaker, because we could do something to improve the status of our Airport.

But when you raise a question of that nature, why our Airport is not improved?

Somebody will say S.O [2] ‘Ou sai dae money go comot’ But that question should now stop.

I was shocked, I will use the word deliberately ‘shocked’ because it was very brief and obvious when I flew to Ghana after about four years, to discover that they can easily boast of having one of the best Airports in the world.
The Metamorphoses, the rapid change that created the new Airport in Accra, can only be based to the fact that these were people who are determined to change their Airport.

So like I said Mr Speaker, we will always support you but don’t misunderstand the new spirit of friendship in Parliament to mean that you can come here late with your Bill documents incomplete.

We will still ask questions if you are doing the wrong thing, but the importance is that this is a very important Bill.
We have agreed even before we came in, because of the importance of the Bill itself, and because of the need for us to address this very important security issue, and because we do not want to continue to be the pariah of West Africa, we will support this Bill so that we move one more step towards the development of this country.

Mr Speaker, we on this side will support this Bill.

And we are very certain that our membership is quit determined to ensure that the Bill is supported.
Again in the spirit of making sure that Sierra Leone is seen as one cohesive country, in the spirit of insuring that Sierra Leone moves ahead and to also ensure that the whole importance of Aviation is addressed.

We all know that it is an expensive business to run an Aviation industry, but it is also important that we do so because of the very importance of the sector itself.

A good number of people have complained about even the very cost of Air 35 Tickets.
Some of our friends mentioned that some Members of Parliament travelled out of this country on one occasion or the other, even though the other said we did not travel, but of course the fact is that if the tickets were available to us, and they are cheap enough, a good number of Members of Parliament would easily travel to other countries on vacation.
But again the permanent lament of S.O [2] ‘money nor dae’ will make it impossible for some of these Members of Parliament to even travel out of this country on vacation.

Mr Speaker, Honourable Members, I am emphasizing this point because we should address the issue of Air ticket.

We are not the poorest of poor in the world but we must also be reasonable.
We should make it easy for people to move from point A to point B. I was in the Kuala Lumpur some time ago and I discovered that the man, who travelled from Kuala Lumpur to London, pays less than the man who travels from Kuala Lumpur to Nairobi.

So you keep on asking the question why the difference?

You also look at the security aspect of it; the security aspect of it is important because some countries continue to take security very important.
Take us here in Sierra Leone; the whole business of the Yellow Card has been abandoned.

Nobody addresses the issue of the Yellow Card anymore, and yet the Yellow Card is important because for some people you don’t take an ailment to their country; a disease that is strange to their country.

Therefore, they would insist on the Yellow Card.


I went to a country and I was taken aback when the lady came and said ‘could you come over here please?’ And I said yes, I have my ticket, I have everything and she said no, your Yellow card.

I had to pay $10 for the Yellow Card but what I made sure did not happen again was to travel without a Yellow Card.

I was vaccinated but also importantly I paid $10.


I was vaccinated but now from that day to today, each time I travel I will not leave my Yellow Card behind because it’s important in some countries.

Mr Speaker, like we said this is a Bill worth discussing, this is a Bill that addresses the issues of the people, this is the Bill that addresses the issues that relate to the security of the state, and therefore this is a Bill that we must accept as part of the development strategy of this country.
Mr Speaker, those of us on this side would plead with 36 everybody to ensure that this Bill is accepted and that it goes through, and some of our Members during Committee Stage may have one or two additions to make.

Thank you very much Mr Speaker.

THE SPEAKER: I thank you very much Honourable Member, now Acting Leader of Government Business.

HON.

MATHEW S. NYUMA: Mr Speaker, thank you all for your various contributions.
I believe we have all heard what you have said in line with the protocols and in line with the development at our Airport, our aspirations and we are aware of the high cost of tickets and also we are aware of having an Institution that we believe the Rule of Law can protect.

There are so many problems in that Institution, but we will address them using the law, I therefore thank you all for your support to this Bill.
Mr Speaker, I want us as Members of Parliament to know that we are passing this Bill in a rush because we want the Aviation Industry to meet the demands of the International standards.

Mr Speaker, we are doing this not because we are being rubber stamped; we are not a rubber stamped Parliament.

We are just trying to understand the situation, but they are forcing us to bend the rules sometimes.

We are doing it because of the interest of Sierra Leone; we are not doing it in the interest of this Ministry.
It’s their business to come with the Government Document as early as possible and to be in conformity with Parliament’s schedule as was said by Honourable Yumkella.

We are doing it because of Sierra Leone.

So I thank my Honourable Members for being in conformity with the modern times and work together in unison.

But Mr Speaker, let us use the oversight to look at what you are doing, to look at this Bill appropriately then we pass it to Law.

Thank you very much.


I now appeal to you that we get to the Committee Stage.

THE SPEAKER: Over to you Mr Minister and please address the questions that have been raised.

37 MR SIDIQ SILLAH: Mr Speaker, Honourable Members of Parliament, let me take this opportunity to thank Honourable Members of this House, particularly my father in-law Honourable Ibrahim B. Kargbo.
Mr Speaker, in the Aviation world, there are two major things that always come to mind; we are dealing with Annex 9 that relates to safety, and then we are dealing with Annex 17 that relates to security.

Those are the guiding words here, in the words of Honourable Ibrahim B. Kargbo, we would ensure that the issues that are raised, which are very sensitive and which are essential for the transformation of the Aviation Industry are strictly adhered to.
My Honourable P.C Bai Kurr mentioned certain things, that if I could just go over quickly.

The very things that you were talking about are the things that we want to address because you asked ‘what are the things that we want which are a bit different from what was in the Act of 2017?

Mr Speaker, Honourable Members of Parliament, we insisted on unlimited and unrestricted right of access to all Documents.
Because what we realised, Government in Government out have not been giving it that Global involvement and perspective.

With this particular business of today, we ensured that the Consultant from International Civil Aviation and the UK-CAA were seriously engaged and for which they were in country.
Perhaps in my view, that was one of the reasons that took us so long because we do not just want to do something, but we want to do something that deals with the Global Standards so that no more again we just go after a year or two and we come back again to look at those issues.

There is something that we called the Bill and Settlement Plan.

We came to realise at the end of those discuss with the ICOA and the UK Civil Aviation team that Sierra Leone has never had the opportunity to be on those platforms.
Like Honourable P.C Bai Kurr Kanagbaro Sanka III was explaining, these are the platforms that we want this new system to bring.

We want to sit in our comfortable zones and buy our tickets and the pricing will be the same like what obtains everywhere.

But for now, you do not buy either way; you go to a person that has a related platform somewhere else in the world and they quote and they in turn add there mark-ups on it.

So that is one of the things that we want to see.


38 Mr Speaker, Honourable Members, Honourable Hassan A. Sesay spoke about courtesies to important Sierra Leoneans at the airport.

I once travelled with my elder brother, Honourable Dr Kandeh K. Yumkella and we were in Ghana and we went through their systems.

We have what we called Advanced Passenger Information System [APIS].
The 2017 Act does not allow any airline operator to divulge information, but with the 2019, as this Honourable House will deem it fit to approve, would automatically give us the strength as civil aviation to access those information.

This will enable you to know the person who is coming, so that you can make adequate preparations.

You do not necessarily need to go and inform anybody, but from the Airline, they will inform you that somebody of this profile is on-board the plane.
Mr Speaker, Honourable Members, the Honourable Bashiru Silikie spoke about the challenge for us to reach the 75% and above which the 2020 target is set by ICAO.

Mr Speaker, we have done certain things that we are quite sure that we are going to achieve the 75% and above.

I am pleased to inform this Honourable House that we have got one of the most advanced fire trucks in the world in this country.

What does that mean?


Whether we like it or not, before this time, there were certain planes of certain quality like a Dream Liner Plane that would never come to Sierra Leone because our level of safety was not encouraging.

With this new fire truck, our level will now come to level 9.

Once you go to level 9, then you will now travel with the Qatar Airways type you were referring to; the Emirate, but with level 7, you will never get to that point.
So, they have consistently insisted that we get our Act to deal with those things.

They don’t just want a verbal explanation; it should be in our Act.

Mr Speaker, Honourable Members, we thank God for your wealth of experience.

You have worked through all these stages.

As you know, those protocols have to go through Foreign Affairs; they take a long rout or process.

So upon assuming office, we have decided to make sure we unearth the information.
We attended one or two ICAO meetings, we have dug into our archives and we have been diligent.

We have done all these ones, except the ICAO Annual Conference in September.

Perhaps new Protocols might come up because the Aviation world is not static.

They will adjust the Protocols 39 and Conventions based on how they see the Cyber threat and any other related threats.
Our new Act is going to give us that pre-positioned approach that when once anything of Global Change occurs, then we also have the opportunity to quickly rush to this Noble House, but to come and go through the due process.

Mr Speaker, Honourable Members of Parliament, I am happy and I am impressed by the support given to my Ministry and my Civil Aviation from all aisle of the House.

Having some as my in-laws, some as my brothers and some as my relatives; it all speaks to the unification of the nation.
HON.

MATHEW S. NYUMA: Mr Speaker, Point of Order.

The question asked by Honourable Dr Kandeh K. Yumkella is very important and I do not want the Minister to dodge that question at all.

MR SADIQ SILLAH: Thank you very much, Acting Leader of Government Business.

When I was referring to my father-in-law’s question, I did try to blend that with my elder brother’s concern.

In attempting to answer his question, I explained to this noble House that because we want to do things on global standards.
So, we did not only think about ourselves, but we involved the ICAO, which is the highest body in the civil aviation industry.

We even went back to the UK-CAA to render assistance, so as to enable us perform a proper job.

So, in that process, we took some time and I also explained to you that in 2013, the questions where 297 and now the questions are 497.

They will give you those questions very close to the audit period which is on-going.
So, when ones we saw those questions, those annexes and those current global approaches must be in the Act.

It was then that we said that there is no way we would go beyond 63% if we sit without doing anything.

In fact, we do not want to risk the possibility of going below that percentage.
Once you do that, they will declare your Airport unsafe and if possible, blacklist our Airport and the concomitant effects, like the Honourable PC Bai Kurr Kanagbaro Sanka was saying, is going to be high cost on the premium and its spill over effect is high cost on tickets.

Mr Speaker, Honourable Members, we have taken the Aviation Industry very serious in this new Direction Government, so we are bench marking everything.

The things that 40 used to be done are things of the past.
We are now following the global trend and making sure that it is all inclusive.

So, that may have necessitated some delays and I really being impressed that we took the nation’s heart to look into these issues as presented.

On that note, Mr Speaker, Honourable Members, I sincerely apologise for the delay and for asking you to leave your busy schedules to attend this sitting.

I move that the Bill entitled, the Civil Aviation Act, 2019 be read the second time.
[Question Proposed, Put and Agreed to] [The Bill entitled, the Civil Aviation Act, 2019 being an Act to amend the Civil Aviation Act, 2017, to provide for an effective Aviation Security and Oversight system to address outstanding requirement for the Chicago Convention on International Civil Aviation, 1944 and to provide for other related matters has been read the second time] [COMMITTEE STAGE] THE HOUSE RESOLVES INTO COMMITTEE MR SADIQ SILLAH: Mr Chairman, Honourable Members, I move that parts 1, 2 & 3, clauses 1 to 21 stand part of the Bill.
HON.

P.C BAI KURR KANAGBARO SANKA III: Mr Chairman, I wanted to know if this is an amendment or it is seeking to repeal the whole Act.

Some of us are curious to know.

HON.

MATHEW S. NYUMA: Mr Chairman, he is right and I wanted to bring that issue up.

We follow the spirit of the long title because the spirit of the long title will take us to the Bill, including the various sections in the Bill.
You will realise from the long title and from his explanation that the Minister highlighted various sections that are going to be amended.

So, because of that we have not overhauled the Bill, it means you cannot repeal the whole Act.

So, what we are going to do is to move with the long title.

So, when we reach at that stage we will do the necessary amendments.

We are going with the amendment of the Bill and not repealing the Act.
The long title is an amendment, and Part 5 is talking about repeal or amendment.

The long title is talking about the 41 spirit of this Bill which is an amendment.

We are not repealing 2017 Act at all, Honourable Paramount Chief.

Mr Chairman, Honourable Members, from the explanation of the Minister, I am sure he highlighted various areas that are to be amended.

How can we say the expression in the Bill is talking about repealing the 2017 Act?

It is impossible and illegal.


So, the spirit of this Bill is amendment and not repealing the Act.

That is my submission and I clearly agree with Honourable PC Bai Kurr Kanagbaro Sanka III.

THE CHAIRMAN: For my own edification, please Acting Leader of Government Business, the 2017 Act has 118 Sections and this Bill has 130 Sections.

In his statement before this House, the Minister talked about a comprehensive review that has been done to the previous Act.
So, in order not to confuse ourselves and taking into account what the Honourable Paramount Chief said earlier, if it is an amendment, then the sections to be amended should have been clearly indicated, so that we can understand that it is an amendment to the 2017 Act.

It should not be a total replacement, but as I see it, it looks like a total replacement of the 2017 Act.

I think we need some explanations.

HON.

MATHEW S. NYUMA: Mr Chairman, you are correct, but I intend going with the long title.
As you have already mentioned, there are 130 sections in this Bill and the Parent Act has 118 Sections.

I am sure before we go further, let us agree that we are repealing this Act.

I am saying this because if we want to include those sections, then it cannot be an amendment.

The reason is that there is no provision where they have stated that they want to amend this Act or a particular section.

It is not provided for in this Bill.


So, I believe we just have to repeal, but we have to amend the long title first.

THE CHAIRMAN: So the long title should now read what, according to you?

HON.

MATHEW S. NYUMA: The long title should now read ‘being an Act to repeal and replace.’ THE CHAIRMAN: To replace?

42 HON.

MATHEW S. NYUMA: Yes, Mr Chairman, to replace the Civil Aviation Act of 2017.
THE CHAIRMAN: Or you combine the two if you like; i.e., to repeal and replace because if you look at Paragraph 128, Sub-Paragraph 2, you will see what is written there.

It says: “The Civil Aviation Acts, 2017 is hereby repealed.’ So, the long title should read: ‘being an Acts to repeal and replace’ instead of ‘amend.’ HON.

MATHEW S. NYUMA: Mr Chairman, I want us to be in conformity.

If you go back to 2017, that long title is worded legally.
It reads: ‘Being an Act to provide for the repeal and replacement of the Civil Aviation Act, 2008.’ THE CHAIRMAN: We are saying the same thing, Honourable Member.

HON.

MATHEW S. NYUMA: We are saying the same thing?

THE CHAIRMAN: Yes, Honourable Member.

HON.

MATHEW S. NYUMA: So, can we have that one done first?

HON.

DANIEL B. KOROMA: No, we are coming to that now.

HON.

MATHEW S. NYUMA: Okay, I rest my case.

HON.


DANIEL B. KOROMA: I think the Speaker has landed because my first contention was the wording.

The first wording was different from my own wording, but I think we are in conformity now.

Instead of using repeal alone, you use both, but repeal before replacement.

By action, you cannot replace when there is an existing issue.

Therefore, repeal comes before replacement.

I also observe that the Legal Draftsman is not here.

THE CHAIRMAN: This is the point.


HON.

DANIEL B. KOROMA: He should always be here, especially for Certificate of Urgency Bills.

I am sure we are in conformity, but I would have asked this House to defer this debate.

It should be ‘repeal and replace.’ 43 THE CHAIRMAN: It should be ‘Being an Act to provide for the repeal and replacement of the Civil Aviation Act, 2017.’ HON.

DANIEL B. KOROMA: Exactly, Mr Chairman.

It cannot be an amendment because there is no provision for that.
This Bill seeks to repeal and replace the Parent Act.

I want to however state here that the Legal Draftsman should be here at any time a Bill is debated in this House.

HON.

MATHEW S. NYUMA: Mr Chairman, the Honourable Member is correct.

We have to do another adjustment because the Minister is talking about Oversight activity to address the outstanding requirements of the Chicago Convention on International Aviation.

So, we need to make full wording, Mr Chairman.


I am sure after the ‘replacement of the Aviation 2017,’ we insert ‘to provide for an effective Aviation Security Oversight system to address outstanding requirements of the Chicago Convention on International Aviation of 1944 and to provide for other related matters.’ THE CHAIRMAN: So, we only need to add the words in the very first line: ‘Being an Act to provide for the repeal and replacement of the Civil Aviation Act, 2017” and then the rest follows.
In that case, we have to proceed, Mr Minister.

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, for the notice of this Parliament, next time let this one be an example that we should learn from.

We still could have said, ‘amendment,’ but repealing unwanted sections.

But on the long title, the framers of this amendment should have sent it to us, so that Members of Parliament would know that we are replacing this section with new section.

Are we repealing this section and ignoring it or replacing it?
THE CHAIRMAN: This is a comprehensive repeal, Honourable Paramount Chief.

HON.

PC BAI KURR KANAGBARO SANKA III: This is because it is almost the same with the 2017.

So, the legal Draftsman should be here so that they can advise the Minister because he is new in that position and he is not a legislator.

The Draftsman should be here to provide technical information.

How can we pass a Bill like this without a draftsman to advise?

44 THE CHAIRMAN: Honourable Members, we go page by page.

Page 1?

Page 2?
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Page 2?

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page 8?

Page 9?

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page 11?

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Page 30?

MR SADIQ SILLAH: Mr Chairman, Honourable Members, I move that Part 1, 2, and 3, Clauses 1 to 21 as amended, stand Part of the Bill.

[Question Propose] HON.


MATHEW S. NYUMA: Mr Chairman, I think the long title is not part of the Bill.

We can say the long title is ‘Civil Aviation Act of 2017 is repealed and replaced.’ THE CHAIRMAN: We can go back and say the long title as amended.

HON.

MATHEW S. NYUMA: Parts 1 to 21 is not amended.

THE CHAIRMAN: Thanks you, Honourable Member.

HON.

DANIEL B. KOROMA: Mr Leader of Government Business, we should not be in a worry to pass this Bill today.
If you want to be critical, we can recommend for the Bill to be committed to the Legislative Committee.

You cannot be your own obstacle.

THE CHAIRMAN: Mr Minister, please move that the long title as amended remain Part of the Bill.

MR SADIQ SILLAH: Mr Chairman, Honourable Member, I move that the ‘long title,’ as amended, stand part of the Bill.
[The ‘long title and Parts 1, 2 and 3, Clauses 1 to 21 as amended form part of the Bill] [Question Proposed, Put and Agreed to] Parts 4, 5, and 6, Clauses 22 to 48 proposed MR SADIQ SILLAH: Mr Chairman, Honourable Members, I move that Parts 4, 5 and 6, Clauses 22 to 48 stand part of the Bill.

45 THE CHAIRMAN: Honourable Members, we start with Page 31?

Page 32?, Page 33?

Page 34?

Page 35?

Page 36?

Page 37?

Page 38?

Page 39?

Page 40?

Page 41?

Page 42?

Page 43?

Page 44?

Page 45?

Page 46?

47?


Page 48?

MR SADIQ SILLAH: Mr Chairman, Honourable Members of Parliament, I move that parts 4, 5 and 6, Clauses 22 to 48 stand part of the Bill without amendment.

[Question Proposed, Put and Agreed to] [Parts 4, 5 and 6, Clauses 22 to 48 form part of the Bill as presented] [Parts 7 and 8 Clauses 49 to 71 proposed] MR SADIQ SILLAH: Mr Chairman, Honourable Members of Parliament, I move that parts 7, 8 clauses 49 to 71 stand part of the Bill.
THE CHAIRMAN: Honourable Members, we start with Page 48?

Page 49?

Page 50?

Page 51?

Page 52?

Page 53?

Page 54?

Page 55?

Page 56?

Page 57?

Honourable Members, let me draw your attention to Clause 59.

The side notes reads: ‘Safety Assessment for Foreign Air Operators.’ There is a typographical error and I want that to be corrected.

Page 58?

Page 59?

Page 60?

Page 61?

Page 62?

Page 63?

Page 64?

Page 65?

Page 66?

Page 67?

Page 68?

THE CHAIRMAN: Let us go back to Page 63.


I would like to draw your attention to that page.

I can see ‘force’ of application instead of ‘form’ of application.

The correct spelling is ‘f-o-r-m.’ HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, I refer you to Clause 58.

It reads: “The Authority shall assess the safety of Air Transport operations by Foreign Air Operators.” I would like to know the amendment you mentioned.
THE CHAIRMAN: Honourable Member, if you look at the side notes, you will notice that the word ‘operator’ is misspelt.

HON.

PC BAI KURR S. KANAGBARO III: Ok, it is an amendment.

MR SADIQ SILLAH: Mr Chairman, Honourable Members, I move that Parts 7 and 8, Clauses 49 to 71 stand part of the Bill as amended.
46 [Question Proposed, Put and Agreed to] [Parts 7 and 8, Clauses 49 to 71 form part of the Bill as amended] [Parts 9, 10, 11, 12, Clauses 72 to 111 Proposed] MR SIDIQ SILLAH: Mr Chairman, Honourable Members, I move that parts 9, 10, 11 and 12, Clauses 72 to 111 stand part of the Bill.

THE CHAIRMAN: Honourable Members, we start with Page 68.

Page 69?

Page 70?

Page 71?

HON.

SAHR CHARLES: Mr Chairman, Page 71, under the Director of Accidents Investigation.
The ‘c’ says, ‘submitting reports to the Minister of any accidents or incidents investigated.’ This sentence is incorrect.

It should be: ‘submitting reports to the Minister of any accidents or incidents under investigation or investigated.’ That is my candid opinion, Mr Chairman.

HON.

DANIEL B. KOROMA: Mr Chairman.

HON.

DANIEL B. KOROMA: Mr Chairman, the investigation may not be limited to only accidents; it can be other events that cannot be related to accidents, but they need investigation.
So, incident is all embracive because accident is part of incident and non-accident is part of incident.

HON.

SAHR CHARLES: My concern is not the incident or the accident.

The sentence is my concern.

It should not be ‘submitting report to the Minister of any accident or incident investigation.’ It should be ‘under investigation’ if you want to put it that away.

We want to know whether it is during the course of the investigation or after it has been investigated.
THE CHAIRMAN: Honourable Member, your point is noted.

You said either ‘investigated or under investigation.’ I am sure using ‘investigated’ appears to be wrong.

It should be ‘any accident or incident under investigation.’ HON.

SAHR CHARLES: Well if we say ‘under investigation,’ it means the Minister will be involved in the investigation.

We should leave it as ‘being investigated.’ 47 THE CHAIRMAN: No, is not the Minister.

This duty is on the Director to submit a report to the Minister.
We are spelling out the responsibilities of the Director and one of them is to submit reports to the Minister for any accident or incident under investigation.

So the word ‘under’ should be inserted there.

HON.

SAHR CHARLES: The Director is giving reports and that is my concern.

Mr Chairman, when you are giving reports, you are giving reports about something that you have already investigated for the Minister to take action.
I would like to recommend here that we rephrase it thus, ‘any accident or incident being investigated.’ THE CHAIRMAN: We are talking about the same thing, but it is a process.

So, ‘under’ is more appropriate in my view.

If we agree, let us proceed.

HON.

MATHEW S. NYUMA: Mr Chairman, I am sure we should not read it in isolation.
When you read this particular Section in tandem with Section 76, it goes like this, ‘there shall be a Director of accident investigation who shall be responsible for [c] ‘Submitting reports to the Minister of any accident or incident investigation’.

There is nothing wrong with that grammar.

I am sure the word ‘under’ is not needed at all.

That is colloquial English, Mr Chairman.

THE CHAIRMAN: Honourable Member, please read ‘b’ before ‘c.’ HON.
MATHEW S. NYUMA: Mr Chairman ‘b’ says: “In the event of an occurrence of an act or incident, whether or not, an investigation shall be carried out.” THE CHAIRMAN: So, if you read ‘b’ and relate it to ‘c,’ you will see what we are talking about.

HON.

MATHEW S. NYUMA: Mr Chairman, you do not have to relate ‘b’ to ‘c’ at all.

You have to relate ‘c’ to the heading.

Mr Chairman, you have to read each clause in tandem with the heading.

So, it gives you a clear picture of what is happening.
When you say incident investigation, it means the process is on and it has to be reported to the Minister continuously.

THE CHAIRMAN: I hope the Honourable Member who raised this issue is happy with that explanation.

48 HON.

SAHR CHARLES: Mr Chairman, that explanation given is not clear.

I believe what can be made clearer to everybody here is the suggestion I have already made.

We know that everything about the report of the Director is under investigation.

We know the process of investigation.

HON.


MATHEW S. NYUMA: Mr Chairman, let me give an example.

In the event there is an aircraft investigation, it is a process and there is what is known as the ‘Black Box.’ The Malaysian Airline is a typical example and you have to prove as you move along.

THE CHAIRMAN: Let us listen to the Minister.

MR SADIQ SILLAH: Mr Chairman, Honourable Members, the sentence in this Bill is correct.
In the world of aviation, we have had incidents where flying birds having contacts with aircrafts and you have to report that also.

If you fail to report that incident, it is a concern.

THE CHAIRMAN: So, are you saying that this is not ordinary English but technical in nature?

If that is the case, let us proceed.

Page 72?

Page 73?

Page 74?

Page 75?

Page 76?

Page 77?

I think there is a typo in Clause 86, Page 77, the side note.
It should be two ‘words,’ public enquiry and not ‘word.’ Please take note of that.

Page 78?

Page 79?

Page 79?

Page 80?

Page 81?

Page 82?

Page 83?

Page 84?

Page 85?

Page 86?

Page 87?

Page 88?

Page 89?

Page 90?

Again on page 90, ‘Restriction on the use of adjacent Land’, the side notes.

Please take note of that observation.

With your indulgence, Honourable Members, let me take you back to Page 66, the side note.
Clause 70 should be ‘revocation of certificate.’ Please take note of the typographical error.

Page 91?

Page 92?

Page 93?

MR SADIQ SILLAH: Mr Chairman, Honourable Members, I move that parts 9,10,11 and 12, Clauses 72 to 111 as amended stand part of the Bill.

[Question Propose, Put and Agreed to] [Parts 9, 10, 11 and 12, Clauses 72 to 111 form part of the Bill as amended.
[Parts 13, 14, 15 and 16, Clauses 112 to 130 Proposed] 49 MR SADIQ SILLAH: Mr Chairman, Honourable Members, I move that Parts 13, 14, 15 and 16, Clauses 112 to 130 stand part of the Bill.

THE CHAIRMAN: Honourable Members, let us continue.

Page 93?

Page 94?

Page 95?

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Page 99?

Page 100?

Page 101?

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Page 105?

HON.

ABDULAI D. SESAY: Mr Chairman, Page 105, Clause 9.


It says: ‘a Commander of an aircraft who without reasonable course failed to comply with requirement of this section, commits an offence liable to summary conviction of a fine of Le 100,000.’ I think such a fine for somebody who is not complying is unreasonable.

MR SADIQ SILLAH: Mr Chairman, it should be $100,000 or its equivalence in Leones.

THE CHAIRMAN: Thank you very much.

HON.

PC BAI KURR KANAGBARO SANKA III: I refer you to sub-Clause 9.
I think the word ‘without reasonable clause’ should be removed because they have to go to court before they pay this amount.

THE CHAIRMAN: They would go to court to show reasonable cost.

HON.

PC BAI KURR KANAGBARO SANKA III: You can go and give anything whereby the lawyers or judges will determine the reasonability of the ‘cause.’ THE CHAIRMAN: Well, that is for the judge to decide.

HON.
HON.

PC BAI KURR KANAGBARO SANKA III: Parliament should also be seen making laws that are enforceable and we can impose fines on people, but if you say the ‘Commander of an aircraft, who without reasonable cause…,’ you have given him a leeway to give any reason.

THE CHAIRMAN: You have given him a legitimate defence.

HON.

PC BAI KURR KANAGBARO SANKA III: Well, we should not give a defence.

THE CHAIRMAN: Maybe he has a legitimate defence.

50 HON.
50 HON.

PC BAI KURR KANAGBARO SANKA III: Well, let him go to court and appeal.

THE CHAIRMAN: It would be the court, Honourable Paramount Chief.

HON.

PC BAI KURR KANAGBARO SANKA III: Okay sir.

THE CHAIRMAN: Where is your presumption of Innocence?

It is also fundamental and you know it.

HON.


PC BAI KURR KANAGBARO SANKA III: In the case of crime, where there is a serious accident, you will say ‘without reasonable cause.’ THE CHAIRMAN: Honourable Paramount Chief that is one fundamental you cannot detract from at all.

Everybody is presumed innocent and you know it.

Page 105?

Page 106?

HON.

DANIEL B. KOROMA: Mr Chairman, I am sure the first words of the third line should be separated.
I also want to know if the fine is actually what you meant; i.e., Le 10,000,000.

I am not objecting to this amount at all; I am only trying to confirm.

MR SADIQ SILLAH: It should be $ 10,000 or its equivalence in Leones.

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Minister, I want to know why this particular fine is $10,000 and the other one is $100,000.

HON.
HON.

DANIEL B. KOROMA: This one refers to somebody acting in the capacity of a Commander [opening paragraph says ‘the Commander of an aircraft], while the opening paragraph of the second aspect says, ‘any ordinary person.’ I think that is the difference.

The crime of ‘a commander’ cannot be the same as the crime of ‘an ordinary person.’ The capacities are not the same.

THE CHAIRMAN: Let us look at Clause 10 carefully.

Honourable Members, the criminal law penalises crimes based on aggravation.
Now, somebody who commits an act by mere negligence is in a separate category from somebody who commits an offence with reckless disregard.

Recklessness is a higher degree.

This means they are not on the same level.

51 HON.

PC BAI KURR KANAGBARO SANKA III: In that case, we should change from $100,000 THE CHAIRMAN: No, Honourable Paramount Chief.

I would rather adopt the same amendment that the Minister used earlier.

HON.

MATHEW S. NYUMA: But the one up is going for $100,000.
THE CHAIRMAN: This should also go for $100,000.

HON.

MATHEW S. NYUMA: Both of them, Mr Chairman?

THE CHAIRMAN: Yes, Honourable Member.

HON.

MATHEW S. NYUMA: No, we should increase the one at the bottom sir.

THE CHAIRMAN: Because of the ‘recklessness?’ HON.

MATHEW S. NYUMA: Well, because of what you have expressed.

THE CHAIRMAN: Very well, I am in your hands.

HON.

MATHEW S. NYUMA: So, it should be $150,000.

The Honourable Paramount Chief is saying $200,000.


THE CHAIRMAN: Let us listen to the Minister.

HON.

MATHEW S. NYUMA: Mr Minister, we are waiting sir.

THE CHAIRMAN: There is a higher degree of culpability there.

MR SADIQ SILLAH: Mr Chairman, I agree that we go for equal amount of $100,000 or its equivalence in Leones.

THE CHAIRMAN: Mr Minister, do you realise what you are talking about?

A reasonable cause and recklessness, when somebody behaves recklessly in committing an offence.

HON.
HON.

MATHEW S. NYUMA: Mr Minister, are you with us?

Mr Minister, you need to understand the two Clauses.

The first one is talking about a ‘Commander’ who did not express the wicked behaviour of that individual.

It just expressed ‘the Commander 52 without reasonable cause’ and we fine him/her $100,000.

The other one is talking about a wilful or premeditated behaviour.

That one is a grave offence, Mr Minister.

THE CHAIRMAN: Mr Minister, there is a huge difference.
When you say without reasonable cause, the test the courts apply is whether a reasonable person in that situation would have behaved the way he/she behaved.

That is totally a different thing from the second category when you are talking about ‘reckless disregard.’ That is the higher degree of culpability.

HON.

MATHEW S. NYUMA: Mr Chairman, this is our right and the Minister can wait, so that we take a decision.

We have $200,000 and we have to put it to vote.


If the Minister is going to give us any figures, we are going to vote.

We are legislators and we are moving for $200,000 based on the statement already mentioned.

THE CHAIRMAN: Honourable Member, I was only giving him the benefit of the doubt because he said they have consulted experts for him to guide the House.

HON.

MATHEW S. NYUMA: If they had consulted experts, they should not have quoted the fines in Leones.

HON.
HON.

BASHIRU SILIKIE: Maybe it was a typographical error.

HON.

MATHEW S. NYUMA: Let us amend it now.

MR SADIQ SILLAH: Mr Chairman, Honourable Members, if you go back to sub-section 8, you would agree with me that 9 is referring to various offences under 8.

So, you can see the severity of that figure and that really makes the difference.

THE CHAIRMAN: There is a huge difference between ‘without reasonable causes; i.e., the reasonableness of his action that will be tested.
That is different from ‘reckless disregard.’ MR SADIQ SILLAH: Mr Chairman, in the wisdom of this House and knowing that the Chairman is knowledgeable in… - [Interruption].

THE CHAIRMAN: Mr Minister, I do not want you to concede easily.

Read Clause 10 carefully and you will see the severity of the act that is being addressed.

It says: “A 53 person who wilfully and with reckless disregard of the safety of human life interferes or attempts to interfere with the safe operation of an aircraft.” HON.
PC BAI KURR KANAGBARO SANKA III: Mr Chairman, if you look at Clause 10, some of those actions should even carry death penalty.

In Kenya, I saw the person who was supplying fuel entered the Airport, but the Pilot was so professional that he was able to lift the tires about three inches, otherwise the fuel tank could have been badly hit.

So, the supplier was wrong and such crimes are wilful crimes.

If you fine such person Le 10, 000, 000 which is about $1,000, it is too small.
THE CHAIRMAN: But the alternative he is giving is ten years imprisonment.

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, it should even be both because it is a terrorist act.

THE CHAIRMAN: The person in question is a terrorist or pseudo terrorist.

Honourable Paramount Chief, please propose for $200,000.

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, Honourable Members, I move that we adopt $200,000 instead $1,000 [Le 10,000,000].

HON.

JOSEPH W. LAMIN: Mr Chairman, I second that Motion.
THE CHAIRMAN: Any counter motion?

We have a motion that the penalty be raised to $200,000.

HON.

DANIEL B. KOROMA: Mr Chairman, it is not a counter Motion, but I also go with him in respect of the alternative; i.e.

fine and imprisonment.

We should also increase the number of years a culprit should be imprisoned.

THE CHAIRMAN: To what, Honourable Members?

HON.

DANIEL B. KOROMA: To twenty years, Mr Chairman.

HON.
HON.

HASSAN A. SESAY: Mr Chairman, I am sure the language is talking about the severity of the crime.

So, we should look at the severity of the crime and make it in tandem with the punishment.

54 THE CHAIRMAN: I Agree, Honourable Member.

Honourable Paramount Chief, what do you think?

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, if the punishment for raping a woman is $200,000 and thirty years imprisonment, what about somebody endangering the lives of two to three hundred passengers?

HON.
HON.

DICKSON M. ROGERS: Mr Chairman, we have agreed with the Honourable Paramount Chief for $200,000, but we also want to plead with him to reduce the sentence to twenty years because this is a law.

We do not want to make a law that other international communities will deem very unreasonable.

We have agreed with the $200,000, but I want to plead with him to reduce the sentence to twenty years imprisonment.

We can say $200,000 or twenty years imprisonment or both.
THE CHAIRMAN: So, first of all we have to agree on the amount.

HON.

MATHEW S. NYUMA: Mr Chairman, there is something slightly different.

I am sure the Draftsman is not here and I do not know if you informed him, but I have just consulted the professional in this particular Ministry and I have just been told that you should read Clause 9 in tandem with Clauses 7 and 8.

It says that because you are a Commander, you must have a license to fly as a pilot.
That is why we are giving all these conditions and they brought the charges to $100,000 and this is the reason for this particular amount in Clause 9 is more than the one in Clause 10.

In other word, this one is a professional who has been given a license to operate.

So, even before imposing a fine on you, they have explained all what you should do and what you should not do in those clauses.
I have just been told that according to international standards, Clause 10 should not have more penalty than Clause 9.

THE CHAIRMAN: Well, I am sorry, but this House is entitled to disagree with that professional.

Please, let us be serious about this.

I am sure Clause 10 addresses a terrorist.

HON.

MATHEW S. NYUMA: Mr Chairman, even Clause 9, a pilot can become a terrorist.

I am saying this because if you are a professional, terrorists could also use 55 you as a terrorist.
For example, the 9/11 bombing.

A Pilot can be converted to be a terrorist because he is a professional and has access to a plane.

He has the license to fly.

So, if a pilot is converted into a terrorist, he or she should carry more penalties.

This category is talking about somebody coming not as a professional, but as an ordinary person hired or motivated to destroy.
For example, you are the Speaker and you want to mislead this House, you will be more blamed for not directing the House as a presiding officer than somebody who is just acting in your capacity.

You are the substantive Speaker, so your decisions are more solid and weighty than anyone who is not the substantive Speaker.

THE CHAIRMAN: Okay, tell me something please.

Do you want to tell me that the Commander is not captured in Paragraph 10?

HON.
HON.

MATHEW S. NYUMA: Well, because he has the license to operate, which is his/her legitimacy to operate, he/she is the Commander because he/she is in charge.

THE CHAIRMAN: No, forget about his license.

The Paragraph says ‘any person who wilfully…’ HON.

MATHEW S. NYUMA: He can be part of it.

However, as a Commander, when you get to the airport, you have access to anything.

You will just get into the plane and you move, but somebody somewhere cannot just get into the plane.
A Commander is a Commander, even when you conduct routine checks, they have privileges than anybody else.

So, if you are given that respect as a Commander and you misuse it, you must be charged with serious offences.

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, the wording is so strong that Clauses 9 and 10 could be applied to any other person, including a Commander.

THE CHAIRMAN: Correct!

Correct!

HON.


PC BAI KURR KANAGBARO SANKA III: This is very clear and it says: “A person who wilfully and with reckless disregard of the safety of human life, interferes or attempt to interfere with the safe operations of an Aircraft…” 56 With the above, even a Commander could become a terrorist.
Let me give you an example, if a plane is about to land and somebody wilfully comes with a vehicle to drive across so that the plane could hit that vehicle, are we going to allow the person to go without penalty?

That was why I appealed to this House to remove the words ‘with reasonable’ and replace them with a word stronger than those ones.

But since you are trying to apply the law of natural justice, I agreed for it to stay.
Mr Chairman, I am sure a Commander or a fire truck driver could become a terrorist.

THE CHAIRMAN: Honourable Paramount Chief, let me also say something to the Acting Leader of Government Business.

I want him to look at Paragraph 10 carefully.

It addresses a premeditated act by somebody.

Do you think premeditated acts are covered by Clause 10, unlike Clause 9?

HON.

MATHEW S. NYUMA: Mr Chairman, I told you that a professional from the Ministry said we should read 9 in tandem with the other clauses.
If you look at Clause 7, there is also an act of intention.

That clause is clear because we did not read it properly and that is why all these arguments are coming up.

This one is talking about a single case scenario and there is another one that talks about multiple case scenarios.

Mr Chairman, I will concede, but let me tell you that I have looked at it and this one is a grave offence than what you have in Clause 10.
Clause 10 stressed on two words, ‘wilfully and disregard.’ This one tends to even overemphasise some of the things that we are talking about in Clause 10.

THE CHAIRMAN: In that case, if you think that is of a graver issue, then we should not limit ourselves to a fine.

We should then give the courts the alternative of an imprisonment.

In other words, we should add imprisonment.

HON.

MATHEW S. NYUMA: I agree with you, Mr Chairman.

We should add ‘imprisonment’ to Clause 9.

HON.


BASHIRU SILIKIE: Mr Chairman, the reason for debating this Bill is because we want to be qualified for the… - [Interruption].

57 THE CHAIRMAN: Hold on, Honourable Member.

This is the first real and true application of S.O.

5 HON.

MATHEW S. NYUMA: Mr Chairman I disagree sir.

Mr Chairman, Point of Order.

We cannot attend a retreat and still find ourselves doing the same thing.

We have promised to move forward and the Honourable Member was in attendance.
So, he cannot do otherwise.

Let him do the needful and we are looking forward to seeing you do the right thing.

You cannot suspend Standing Orders without quoting another Clause.

I thank you.

HON.

DICKSON M. ROGERS: Mr Chairman, you will only suspend S.O.

5[2] by invoking S.O.

82 because it is S.O.

82 that gives you the right to suspend S.O.

5[2].

Therefore, I stand on S.O.

82.

THE CHAIRMAN: So, the Bo Retreat is wasting more time?

You are wasting more time.

HON.


DICKSON M. ROGERS: That is the appropriate thing to do, Mr Chairman.

It is only S.O.

82 that allows you to suspend S.O 5[2].

Therefore, I stand on S.O.

82 to suspend S.O.

5[2], so that the business of the House will continue.

THE CHAIRMAN: All protocols observed.

I am beginning to admire the spirit of the Bo Retreat.

Any seconder?

HON.

DANIEL B. KOROMA: I so second, Mr Speaker.

[Suspension of S.O 5[2] being 12:00 noon] HON.

BASHIRU SILIKIE: Yes, Mr Chairman.


THE CHAIRMAN: Honourable Member, are you coming with specific proposals?

HON.

BASHIRU SILIKIE: No, Mr Chairman.

The essence of this Bill is for us to be qualified for the 2020 Global Aviation rating and the professionals in that field should have done a comparative study in tandem with other Acts that will qualify us for the 75%.
We are Members of Parliament and we make laws, but when the professionals in that field give their advice, I am very sure we should listen to them.

58 THE CHAIRMAN: We are prepared to listen to professional advice.

You listen to advice, but you are not bound to accept it.

Parliament is plenary and the plenitude of power rests with you.

You can listen to their advice and is for you to accept or reject.

Honourable Paramount Chief, please come up with specific proposals.

HON.
HON.

DICKSON M. ROGERS: Mr Chairman, I think a Motion was moved by the Honourable Paramount Chief and it has already been seconded.

THE CHAIRMAN: That is why I am going back to him.

HON.

DICKSON M. ROGERS: Mr Chairman, I believe what the Honourable Paramount Chief suggested and what we have agreed on is the right way to go.

In as much as we want to qualify, we would also have to make our laws rigid, so that nobody will take our laws for granted.
So, I am in support of the Motion moved by the Honourable Paramount Chief to increase the fine to $200,000.

My only plea with him is to reduce the jail sentence to twenty years.

THE CHAIRMAN: I take your point and I think we are almost getting there.

HON.

JOSEPH W. LAMIN: Mr Chairman, I have something to say.

THE CHAIRMAN: Go ahead, Honourable Member.

HON.


JOSEPH W. LAMIN: Since we are talking about professionals and they have got advice from the neighbouring countries, what is the comparative analysis to our region, especially ECOWAS or African Region?

I am sure we want to be in conformity with other countries.

THE CHAIRMAN: Honourable Member, are you standing in the place of the expert?

HON.

MATHEW S. NYUMA: Well, I am working very close with the expert.
Mr Chairman, I am sure the way we address for example, adultery matters in Sierra Leone is different from the way they are addressed in Dubai.

In Dubai, you will be killed on the spot.

So, we make our own laws based on our experiences.

We are not going below the belt.

We are trying to be a Parliament that is reasonable based on what we have proposed.

We have defined different clauses supporting our argument in Clause 9 [5]; 59 therefore, we circumvent procedures.
We can increase the penalty by giving a longer term imprisonment because according to Clause 9, there is no imprisonment as alternative, but Clause 10 has imprisonment provision.

On that note, Mr Chairman, Honourable Members, I move that the fine remains $100,000 or its equivalence in Leones or imprisonment not less than 15 years.

THE CHAIRMAN: For what clause, Honourable Member?

HON.

MATHEW S. NYUMA: For Clause 9, Mr Chairman.

THE CHAIRMAN: I agree with you.


Let it be ‘imprisonment or not a term not exceeding 15 years.

MR SADIQ SILLAH: Mr Chairman, we as a Ministry we accept that amendment.

THE CHAIRMAN: Mr Minister, please take your seat.

Mr Minister, you can contribute, but when Parliament is debating, you take a note.

HON.

MATHEW S. NYUMA: We have said ‘not more than 15 years imprisonment.’ So, it will be in conformity with Clause 10.

Let us go to Clause 10.


THE CHAIRMAN: We can also say ‘both fine and imprisonment.’ HON.

MATHEW S. NYUMA: No problem, Mr Chairman.

THE CHAIRMAN: Honourable Paramount Chief, are you happy with that?

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, I agree with 9, but let us put this into votes.

HON.

DANIEL B. KOROMA: There is no need for a vote.

THE CHAIRMAN: Honourable Paramount Chief, let us do the amendment properly.

Let us go back to Clause 9.

HON.


DANIEL B. KOROMA: For proper amendment, let us read it in full and in doing so, what we have all agreed on is for conformity with the amendment in Clause 10.

The amendment in Clause 10 is talking about a fine of $200,000.

60 THE CHAIRMAN: We are coming to that, Honourable Member.

I am focusing on Clause 9.

HON.

DANIEL B. KOROMA: That is what I am saying, Mr Chairman.

THE CHAIRMAN: Okay, what do you propose?

HON.


DANIEL B. KOROMA: We have agreed for $200,000 against Clause 10 and we have also agreed for conformity with Clause 10 in respect of Clause 9.

For Clause 9 to conform with Clause 10, the figures should change to $200,000 instead of $100,000.

THE CHAIRMAN: Let us leave Clause 10 as $200,000 and Clause 9 as $100,000 but adding a term of imprisonment for both clauses.

HON.
HON.

DANIEL B. KOROMA: So, it will now read, ‘the commander of an aircraft who without reasonable cause fails to comply with the requirement of Sub-section 8 commits an offence and is liable on conviction to a fine of $100,000 or its equivalence in Leones or to imprisonment for a term not exceeding fifteen [15] years.’ THE CHAIRMAN: That is correct.

HON.

DANIEL B. KOROMA: Let me read again.

HON.

MATHEW S. NYUMA: Is it Clause 9?

THE CHAIRMAN: Yes, Clause 9.

HON.

DANIEL B. KOROMA: Let get it correct.


I start with Sub-section 8, commit an offence and is liable on conviction [please remove summary], to a fine of $100,000 or its equivalence in Leones or imprisonment for a term not exceeding fifteen years, or to both such fine and imprisonment.

THE CHAIRMAN: So, we agree on that?

HON.

PC BAI KANAGBARO SANKA III: No Sir.

We have to state the fines in foreign currencies as well as in Leones.
If an American or a British or a German commits the offense, he/she should pay the fine in Dollars.

If he/she is a Sierra Leonean, we can say Dollars or its equivalence in Leones.

61 THE CHAIRMAN: Let us leave that to the discretion of the judges.

Let us go to Clause 10, but I hope we have agreed on Clause 9.

For the sake of progress, have we agreed on $200,000 and twenty years imprisonment?

HON.

MATHEW S. NYUMA: Mr Chairman, I want us to maintain the balance.
THE CHAIRMAN: You are coming back again, Honourable Member.

HON.

MATHEW S. NYUMA: I need to open it a little bit.

HON.

PC BAI KURR KANAGBARO SANKA III: Mr Chairman, I do not want the Acting Leader of Government to bully us.

Let him propose his Motion and I will propose mine for a vote.

MR CHAIRMAN: I wanted to avoid us doing that.

HON.

PC BAI KURR KANAGBARO SANKA III: But that is the right thing to do.

HON.

MATHEW S. NYUMA: In that case, I concede.


MR CHAIRMAN: Thank you, Honourable Acting Leader of Government Business.

I am sure we are finished with Page 105.

Page 106?

Page 107?

Page 108?

MR SIDIQ SILLAH: Mr Chairman, Honourable Members, I move that part 13, 14 and 15, Clauses 112 to 130 as amended stand part of the Bill.

[Question Purpose, Put and Agreed to] [Parts 13, 14 and 15, Clauses 112 to 130 formed part of the Bill as amended] [THE HOUSE RESUMED] HON.
PC BAI KURR KANAGBARO SANKA III: Yes Sir, on the memorandum of object and reason.

HON.

MATHEW S. NYUMA: No, it is now part of the Bill.

HON.

PC BAI KURR KANAGBARO III SANKA: You said amend and the object of this Bill is to amend the Civil Aviation Act.

THE SPEAKER: It is not part of the Bill.

62 HON.

PC BAI KURR KANAGBARO III SANKA: Okay, Mr Speaker.


MR SIDIQ SILLAH: Mr Speaker, Honourable Members, I move that the Bill entitled, the Civil Aviation Act, 2019, having gone through the Committee of the whole House with amendments be read the third time and passed into Law.
[Question Purpose, Put and Agree to] [The Bill entitled, the Civil Aviation Act, 2019 being an Act to provide for the repeal and replacement of the Civil Aviation Act, 2017 and to provide for an effective Aviation Security Oversight system to address outstanding requirement of the Chicago Convention on International Civil Aviation 1944, and to provide for other related matters has been read the third time and passed into Law].
[The House rose at 3:30 p.m. and was adjourned to 17th September, 2019 at 10:00 AJOURNMENT a.m.] 63