There has been an oral mention in Executive Council about early pensions for legislators in Anguilla. The proposal has come from Ministers of Government holding membership in the Council, according to EXCO’s minutes of the meeting held on January 2, 2015.
At that meeting, the Executive Council agreed that a paper, regarding the matter – and with advice from the Attorney General’s Chambers, as well as calculated figures from the Ministry of Finance – should be submitted to Council on Thursday, January 8 for further consideration. It is now one week since that decision was taken, but the outcome is only expected to be publicised when the minutes for the January 8 meeting are released.
Responding to the oral mention of the proposal, Governor Christina Scott is quoted in the January 2 minutes as noting that the proposal was made without public consultation. It was also noted that such a proposal would convey “a perception that legislators were taking decisions in their own interest without recourse to the taxpayer”.
The extract from the Executive Council’s Minutes, relating to the above matter, is reprinted as follows:
“ORAL MENTION
EX MIN 15/02
PROPOSED AMENDMENT TO THE LEGISLATORS PENSIONS ACT 2010
“Council noted the Ministerial proposal to amend the Legislators Pensions Act 2010 to remove the phrase “and has attained the age of 55 years or 60 years, as the case may be,” from section 7(1). This would have the effect of making legislators who have served less than ten years eligible for a gratuity on ceasing to become a legislator, rather than waiting to attain the age of 55 or 60 years as applicable.
“Ministers noted that elected and nominated legislators are a special category of persons not employed in a normal way. As a result, they suffered from contingencies that others did not, and were restricted in their activities in many ways because of their position. When they demit office, they should therefore not be humiliated in a way that degrades them. In many other Caribbean countries departing legislators were treated differently and better, and this proposed amendment would bring Anguilla into step with that.
“The Governor noted that the amendment was being proposed without public consultation, as was usual for legislative changes, or the alternative of an independent committee to review and make recommendations on arrangements for legislators’ pay and pension entitlements (an approach used in many other legislatures). The absence of ether consultation or independent advice would add to a perception that legislators were taking decisions in their own interest without recourse to the taxpayer.
“Council agreed that:
“(i) advice should be sought from the Attorney General’s Chambers as to any implications such a change might have on wider pensions legislation; and
“(ii) the Ministry of Finance should calculate figures based on those legislators
(past and present) who would be considered eligible for such payment of gratuities if the legislative change were to be made.
“Council further agreed that a paper incorporating the above be submitted to Executive Council on Thursday 8th January 2015 for further consideration.
“Council authorised the issue of the action sheet before confirmation of the Minutes.
“Action: AG; PS, FIN; PS, EDICT; BD”
