On Friday 17th September, 2021, I published an article in The Anguillian Newspaper concerning the travesty that is the Legislators Pensions Act R.S.A. c. L35 of the Laws of Anguilla.
At the end of that article I called upon the relevant authorities to disclose to Anguillians the cost to them, by way of the extraction from the Treasury of their monies, of this self-aggrandising Act.
I followed up that plea with a letter to the Accountant General of Anguilla demanding that information.
While overdue, and accompanied with an explanation that names and offices held would not be included, I am pleased to inform you, the Public, that I have received the numbers.
Despite the Accountant General wrongly – as a matter of Law – assuming that he was not obliged to provide the names and offices of the recipients of the lush sums of our monies paid from the Treasury under that dastardly Act, I have made no issue of that misconception because I have been able to discern exactly whom were the recipients of the monies paid out, by virtue of marrying the dates of commencement of payments with the dates that members of the House demitted office. As the fictitious Sherlock Holmes is alleged to have said to Dr. Watson, “Elementary my dear Watson”.
Let me apologise for the long delay in writing this paper. I was engaged in the prosecution of two Murder Trials from early October to 22 December, and could not find the time to complete this piece.
Let us start with Line 1 of the spreadsheet supplied. (Each Line represents a former Member of the House, and in two instances, their spouses.)
It reads: “Premier 2015 – 2020”.
While we know who that was, let us be Sherlock Holmes. The years 2004, (when the Act was passed), to 2009 are blank. This means that that person was a sitting Member of the House up to 2010, when the first payments were made, after he demitted office in 2010. The payments are made in the years 2010, 2011, 2012, 2013, 2014 and partially for 2015. They end in 2015 and resume in 2020, which means that that person resumed sitting in the House in 2015, and left again in 2020.
Now, who left the House in 2010, returned in 2015, and left again in 2020? Victor Banks when he lost in 2010 to Evan Gumbs, won in 2015, and lost again in 2020. So we know for a fact that this Line refers to payments made to Mr. Banks under the Act.
What payments did Mr. Banks receive during this time period?
Mr. Victor Banks, without contributing one red cent to ANY Pension Fund from which these payments are derived, has received (up to September 2021) Pension of $759,120.00 and Gratuity of $581,941.80 for a total of E.C$ 1,341,061.80 – [ONE MILLION, Three HUNDRED AND FORTY-ONE THOUSAND, and SIXTY-ONE DOLLARS AND EIGHTY CENTS OF TAXPAYERS MONIES] in Gratuities and Pensions from the Treasury because of the Act.
He continues to receive a Pension at the annual rate of E.C$ 139,800.00, (the amount paid up to September, 2021 divided by 9 and multiplied by 12) which is an error because Victor is only entitled to a Pension as Chief Minister/Premier calculated on the highest rate of Allowance paid to that person, namely he Victor, so, unless I am missing something, Victor’s Pension as Premier cannot be based on the highest Allowances paid to Osbourne Fleming or Hubert Hughes when either was Chief Minister, because the Allowance was reduced after Osbourne demitted office, but before Victor became Chief Minister in 2015, so that the highest he could have received as Chief Minister/Premier is that reduced Allowance!
The Permanent Secretary in the Ministry of Finance must address this please.
How do we know that Victor is receiving the same Pension as Osbourne? Quite easily, because the next Line reveals the answer to both that question, and the question to whom does Line 2 refer.
The next Line is “Sixth Chief Minister 2000 to 2010”.
(We know this is Bunton, but let us Sherlock nevertheless.)
2004 to 2009 are blank, meaning that this person was in the House during that period.
Payments begin in 2010 as follows:
2010: Pension: E.C$ 121,804.29
Gratuity: E.C$ 582,000.00
2011: Pension: E.C$ 139,680.00
[Does this 2011 figure look familiar? Yes, because it is the same amount which Victor receives annually as former Premier.
Therefore this Line must be referring to Osbourne Fleming who demitted Office in 2010 as Chief Minister, the year when the payments begin. It could not refer to Hubert Hughes because Hubert was in the House in 2010, and no other person demitted the House in 2010, who had held the office of Chief Minister, apart from Osbourne Fleming].
2012 to 2020: in each year he received E.C$ 139,680.00, and in 2021, up to September, he received E.C$ 104,760.00, the same amount for 2021 as Victor received for 2021 up to September, which is further proof that Line 2 refers to Osbourne Bunton Fleming, and to no one else.
This means that, from 2010 up to September 2021, Osbourne Fleming received as Pension and Gratuity, under that dastardly Act, from the Treasury of Anguilla, without contributing one god-damned cent to ANY Pension Fund from which these payments are derived, the enormous total sum of: E.C$ 2, 205,364.29 – [TWO MILLION, TWO HUNDRED AND FIVE THOUSAND, THREE HUNDRED AND SIXTY-FOUR DOLLARS, AND TWENTY-NINE CENTS – OF TAXPAYERS MONEY!]
The next Line is “Chief Minister 2010 – 2015.”
(Sherlock will pretend that we don’t know that this is Hubert)
Payments begin in 2015, which is the year that person demitted office.
2015: Pension: E.C$ 81,480.00
Gratuity: E.C$582,000.00
Who is this? Let’s check the Pensions for 2016.
2016: Pension: E.C$ 139,680.00
This is the identical figure we see Victor Banks and Osbourne Fleming receiving as their Annual Pension as former Chief Ministers/Premier, so that this must be Hubert Hughes who demitted office as Chief Minister in 2015.
For each of the years 2016 to 2020, Hubert received E.C$ 139,680.00 in Pension, and in 2021 there is a total payment (so far?), of E.C$ 46,560.00.
So that, between 2015 and 2021 Hubert Hughes, without contributing a penny to ANY Pension Fund, received in Pension and Gratuity, from the Taxpayers Treasury, a grand total of E.C$ 1,408,440.00 – [ONE MILLION, FOUR HUNDRED AND EIGHT THOUSAND, FOUR HUNDRED AND FORTY DOLLARS] of Taxpayers money. Thanks to the Legislators Pensions Act.
Those first three entries clearly refer to persons who held the office of Chief Minister/Premier after the passage of the Act in 2004.
The next Line, Line four, is as follows: “Minister of MSD 2010-2015”
(We still Sherlocking)
2004 to 2014 are all blank, meaning that this person was a Member of the House during those years, with the first payments in 2015. This tells us that this person demitted the House in 2015.
So, which person demitted the House in 2015, who had been in the House from at least 2004? Let us see:
2015 was the year that the AUF won 6 of the 7 seats. Who lost their seats at that time? Evan Gumbs, who was first elected on 2010, so it cannot be him. Jerome Roberts, who was first elected in 2010, so it cannot be him. Hubert retired in 2015, and we dealt with him above, so this is not he. Mr. Walcott Richardson from West End did not run in 2015, and he was elected in 2010, so it is not him. No AUF person lost their seat in 2015. Mr. Edison Baird retired in 2015, and he was elected BEFORE 2004, so that this Line MUST refer to him, as it can refer to no other person.
So we will examine that Line.
2004 to 2014 are blank, which indicates that this person was a Member of the House during that period, and therefore was not receiving a Pension.
2015: Pension: E.C$ 65,016.00
Gratuity: E.C$ 464,400.00
2016 to 2020: Pension for each year in the sum per year of: E.C$ 111,456.00
2021: Pension up to September: E.C$ 83,592.00
Total sum which Mr. Baird has gotten in Pension and Gratuity up to September 2021, since he demitted the House in 2015, under the Act: E.C$ 1,170,228.00 – [ONE MILLION,ONE HUNDRED AND SEVENTY THOUSAND, TWO HUNDRED AND TWENTY-EIGHT DOLLARS], FROM ANGUILLIAN TAXPAYERS WITHOUT CONTRIBUTING ONE MISERLY CENT TO ANY PENSION FUND FROM WHICH THESE PAYMENTS ARE DERIVED.
We now will examine Line 5. “Minister of MSD 2000-2005”
(We know who he was but we still playing James Bond here)
2004 is blank, meaning that no Pension was paid, as indeed, that is the year in which the Act was passed. Recall that 2005 was an Election Year.
Pension and Gratuity are paid in 2005. Pension: E.C$ 38,016.00
Gratuity: E.C$ 198,000.00
2006: Pension: E.C$ 53,580.00
2007: Pension: E.C$ 60,378.00 [This increase over 2006, the first full year of Pension, is strange because what could explain the increase, if the Pension was calculated upon the highest allowance this person got prior to his retirement from the House in 2005?]
Also needing an explanation is the fact that this person also received Gratuity, again, in 2007, in the amount of E.C.$ 46,040.00. [Remember, he had already received a Gratuity of E.C$ 198,000.00 in 2005. We need an explanation of this payment.]
2008: Pension: E.C$ 69,160.00
[Increased Pension for the third year running. How is that possible? We need an explanation for this.]
2009: Pension – AGAIN it is increased- E.C$ 75,744.00
[We need an explanation as to how and why this Pension was increased for a fourth year running.]
Gratuity: (Yes, Gratuity AGAIN!! Third time) E.C$ 59,600.00 (I need not say that we need an explanation as to why this person received yet MORE Gratuity)
2010: Pension: E.C$ 75,744.00. (Phew, at least there was no increase this time)
Gratuity: (YES !! GRATUITY AGAIN !!) E.C$ 34,285.72. (Please set us Free; tell us why yet another Gratuity is paid to this gentleman. But, please do NOT insult our intelligence and say that there was a miscalculation in 2005 which had to be made good in 2007, 2009 and 2010, because, if that is your answer, it would be quite a sad reflection of the math skills in the Ministry of Finance. I chose the word “sad” so as not to be rude to you).
2011 to 2020: Pension: in each of those 10 years: E.C$ 75,744.00.
2021: Pension to September: E.C$ 56.808.00
Who is this former Member of the House? That is easy to discern because an examination of the Anguilla Elections Website reveals that the only Member of the House who had long service, and who retired in 2005 was Mr. Eric Reid.
So, how much money in Pensions and Gratuities did Mr. Reid collect between 2005 and September, 2021? E.C$ 1,524,795.72 – [ONE MILLION, FIVE HUNDRED AND TWENTY-FOUR THOUSAND, SEVEN HUNDRED AND NINETY-FIVE DOLLARS AND SEVENTY-TWO CENTS] HAVING NOT PAID ONE FARTHING INTO ANY PENSION FUND FROM WHICH THESE PAYMENTS ARE DERIVED!!]
LINE 6: “Minister of MICUH 2005-2010”
(Bond, James Bonding still)
2004 to 2009 are blank which indicates that this person retired in 2010. That person is still receiving Pension as at September, 2021. Two persons retired from the House in 2010. Kenneth Harrigan and Albelto Hughes. Albelto passed away so we know that this Line is not his. It therefore must be Kenneth Harrigan.
2010: Pension: E.C$ 74,304.00
Gratuity: E.C$ 464,400.00
2011 to 2020: Pension received in EACH year: E.C$111,456.00
2021: Pension up to September: E.C$ 83,592.00
Total received by Kenneth Harrigan between 2010 and September, 2021 in Pension and Gratuity: E.C$ 1,736,856.00 – [ONE MILLION, SEVEN HUNDRED AND THIRTY-SIX THOUSAND, EIGHT HUNDRED AND FIFTY-SIX DOLLARS] while NEVER having contributed ANY money whatsoever to a Pension Fund from which these payments are derived.
Then there is Line 7: “Speaker of HOA” (No dates)
This Line was a bit more difficult to discern to whom it applied but, when you examine the time period within which the payments were made you can “reverse engineer” and discover who the retiree was.
It begins in 2005, which means that that Member retired then, and ends in 2015 with part only of the Annual Pension having been paid. This indicates that the person either died in 2015, or was over paid and therefore not paid thereafter so as to make up for the overpayment.
Who fits this framework? The late Leroy Rogers.
Roy was Speaker of the House from 1994 to 2005. He was Nominated Member, and Deputy Speaker from 2010 to 2015, when he again became Speaker until his death on 28th October, 2018.
How do these facts fit with the payments? Let us see:
2004: blank. (indeed, as the Act was passed in 2004 while Roy was Speaker.)
2005: Pension: Blank. (This makes sense because, although Roy would have served 11 years in the House by then, he was born on 18th December, 1951 and would not have met the minimum age of 55 to receive a Pension, as he would have been 54 when he demitted the House. However, in the year after the next year -2007 – he did begin to receive Pension as he had turned 55 in December of 2006).
Gratuity: E.C$ 97,500.00
2006: Pension: blank
Gratuity: blank
2007: Pension: E.C$ 21,840.00
2008: Pension: E.C$ 29,484.00 (please explain the raise Ministry of Finance.)
2009: Pension: E.C$ 32,292.00 (please explain the raise)
2010: Pension: E.C$ 32,292.00 [We must note that Roy was nominated to the House in 2010, and his Pension should have ceased at that time, until such time as he demitted the House]
2011: Pension: E.C$ 32,292.00 [same comment, as Roy was a Member of the House in this year]
2012: Pension: E.C$ 32,292.00 [same comment]
2013: Pension: E.C$ 32.292.00 [same comment]
2014: Pension: E.C$ 32,292.00 [same comment]
2015: Pension: E.C$ 10,764.00 [this is curious, but see below]
2016, 2017 and 2018 when Roy passed away, are all blank, which leads us to the conclusion that, since he should NOT have been receiving Pensions between 2010 and 2015, the payments stopped in 2015 – hence that curious number. The true effect of that, as a matter of Law, is that those monies paid between 2010 when Roy was nominated a Member of the House, and 2015 when the payments stopped, may well have to be refunded to the Treasury, as he was not eligible to receive a Pension while serving as a Member of the House. You will recall that Victor stopped receiving Pension between 2015 and 2020 when he became a Member of the House upon winning his seat in 2015.This should have applied to Roy as well. This is clear because, when Roy demitted the House as a Nominated Member in 2015, he immediately was made Speaker by the incoming Government, making him, again, a Member of the House, and therefore not eligible to receive a Pension.
Roy, without contributing any money to any Pension Fund from which these payments were derived, received from the Treasury of Anguilla, by virtue of the Legislators Pensions Act, a total of: E.C$ 551,109.00 in Pension and Gratuity. (The amount he should not have received – 2010 to 2015 when he was a Member; i.e. 32,292.00 x 5 -’10, ’11, ’12, ‘13, ’14 and ’15 – total: E.C$ 172,224.00. I have not pro-rated the beginning years and end years of Membership so as to accord with what month he demitted office, and what month he became a Member again. This would necessarily affect the quantum for those years)
We will skip to Line 9, and return to Line 8 later.
Line 9: “Minister of MICU 2000-2005”
This person is easily discernible. Payments of Pension, and a Gratuity, began in 2010 (on the first Line of Line 9, and ended in 2016, BUT, the Pension continued to be paid on the second Line of Line 9, suggesting that the surviving spouse of the Member continued to receive the Pension.
Who was a Member of the House, who was married, and who demitted the House in 2010, and died in 2016? (Thank you GOOGLE).
Albelto Hughes retired in 2010. He died in 2016. Thus he would have received a Gratuity in 2010, and Pension from 2010 to 2016. Because his wife survived him, and Thanks to the rather generous Legislators Pension Act, his surviving spouse would have been eligible to receive a Pension.
This is exactly what Line 9 displays.
2010: Pension: E.C$ 78,518.00
Gratuity: E.C$ 405,000.00
In each of the six years, 2011 to 2016, both years included, Pension: E.C$ 85,536.00
In 2017: Pension: E.C$ 52,272.00
In each of the years 2018, 2019 and 2020: Pension: E.C$ 57,024.00 [Why the difference between 2017 and the subsequent years? Error?]
Up to September, 2021: Pension: E.C$ 42,768.00
Total amount Belto and his widow have received since 2010 in Gratuity and Pension: E.C$ 1,262,846.00 [ONE MILLION,TWO HUNDRED AND SIXTY-TWO THOUSAND, EIGHT HUNDRED AND FORTY-SIX DOLLARS] OUT OF YOUR TREASURY, WITH NEITHER BELTO NOR HIS WIDOW EVER PAYING ONE CENT INTO A PENSION FUND FROM WHICH THESE PAYMENTS DERIVED, ALL THANKS TO THE LEGISLATORS PENSIONS ACT.] Let me say this; a Member of the House told me, since my first article on this subject, that Belto had opposed the Bill saying it was wrong and unfair, but he did not vote against it. The former Member also told me that the two strongest proponents of the Bill were Osbourne Fleming and Hubert Hughes. Now, I do not know whether or not this is true. What I do know is that EVERY SINGLE MEMBER OF THE HOUSE WHO SAT DURING THE INTRODUCTION, DEBATE AND PASSAGE OF THE BILL INTO LAW AND WHO QUALIFIED, HAS BENEFITTED FROM ITS GENEROUS TERMS. TOUT BAGAI EN BENEFIS SHAQ MOUN !!
Line 8
In this case, the identity of the recipient of the Gratuity and Pension is difficult to discern on an analysis of the dates and payments, save that the person was “Ministerial Assistant to Hon. Minister MHA 2015 – 2020.” This is because the payment years require that that person demitted the House in 2009 AND HAS NOT RETURNED AS A MEMBER, otherwise the Pension payments would have had to stop. They did not stop. What is even more puzzling is that Gratuity was paid, not in 2009, but in 2020!! Madam Permanent Secretary, please assist us poor Plebians.
2004 to 2008 are blank. No payments.
Paid in each of the years 2009 to 2020: Pension: E.C$ 56,652.00
Also paid in 2020: Gratuity: E.C$ 197,769.00
Up to September 2021: Pension: E.C$ 42,489.00
Whomsoever this fortunate person is, he/she received a total of E.C$ 920,082.00 in Pension and Gratuity, and continues to receive Pension. This person, like all the other lucky persons discussed above, did not contribute one half-penny to any Pension Fund from which these payments derived, but was the beneficiary of the wonderful Legislators Pensions Act.
Line 10: “1st Chief Minister”
( We know who this was but, we go 007 again)
This Line comprises two payment streams. One, commencing in 2004 and ending in 2016, the other, on the next line, commencing 2016, with a lower sum, and continuing up to now.
Who was around in 2004 as a former Member, who qualified and who died in 2016, and whose spouse is alive?
There is only one person who fits that description and that is: James Ronald Webster.
He was never paid a Gratuity, according to the figures I was given, but he received Pension from 2004 up to his death in December, 2016, and his spouse began receiving Pension in December, 2016, and continues to receive Pension at the rate of E.C$ 69,040.08 per year.
Mr. Webster’s Pension started in 2004 and 2005, at E.C$ 8,510.52, and went to E.C$ 9594.00 in 2006, E.C$ 10,812.00 in 2007, E.C$ 12,384.00 in 2008, E.C$ 13, 560.00 in 2009, 2010, 2011, 2012, 2013and 2014. In 2015 it went up to E.C$ 73,560.00. (I am certain that inly God knows why that massive jump of E.C$ 50,000.00), and in his final year he received E.C$ 68,930.00 and his spouse received E.C$ 4,836.00 for the remainder of that year.
Neither Mr. Webster, nor his spouse ever contributed to any Pension Fund from which these payments are derived.
The total amount received to September, 2021 is: E.C$ 606,437.78
Line 11
This line is headed “Speaker 2005-2010”
There is one payment made in 2015: $142,115.59
I guess it would be easy to discern who was Speaker for that period.
Line 12
“Leader of the Opposition” paid a Gratuity in 2020 in the sum of $161,871.27.
This could only be Pam Webster who was Leader of the Opposition 2015 to 2020.
Line 13
“Minister of MHA 2010-2013” paid a Gratuity in 2015 in the sum of $279,396.43. I can’t figure this one out so James Bond is fired.
Line 14
“Speaker of the House of Assembly 2015-2020” paid a Gratuity in 2020 $148.713.09. You know who this was. (Work with me here, I ain’t hire James’ replacement yet, but I think he plays the guitar.)
Line 15
“Ministerial Assistant to MICUH 2010-2015”, paid in 2005 a Gratuity of $49,579.00;
a Gratuity in 2008 of $40,950.00;
a Gratuity in 2009 of $51,480.00; and,
a Gratuity in 2020 of $159,391.35, for a Total of $ 301,400.35 in Gratuity.
Who is this? Why were there so many payments of “Gratuity”?
THE TOTAL COST TO THE TREASURY OF THIS SELF-SERVING LEGISLATION?
What therefore is the total amount paid in Pensions and Gratuities out of the Treasury of Anguilla, to Politicians who contributed nothing to any Fund which is the source of these payments – except passing the Law which visited upon themselves, and their fellow Politicians generous sums of money UP TO SEPTEMBER, 2021 only:
E.C$ 13,760,777.32
[THIRTEEN MILLION, SEVEN HUNDRED AND SIXTY THOUSAND, SEVEN HUNDRED AND SEVENTY-SEVEN DOLLARS AND THIRTY-TWO CENTS, UP TO SEPTEMBER 2021 ONLY], PAID TO 17 persons, ALL of whom HAVING PAID EXACTLY ZERO DOLLARS AND ZERO CENTS INTO A PENSION FUND, OR ANY FUND AT ALL, FROM WHICH THESE HARD-EARNED ANGUILLIAN TAX DOLLARS CAME IN PAYMENT TO THOSE POLITICIANS AND THEIR SPOUSES!!
The Government of Anguilla must end this madness. They must go to the House and Repeal this Act in its entirety.
I have been told by certain persons that the Government is of the view that they can only amend the Act, and they are advised that they cannot touch the Pensioners who are already receiving Pensions under the Act.
That is not correct.
The former Members have NO propriety interest in ANY Pension Fund. No Constitutional Rights would be engaged by the repeal of the Act.
1. The Act is a simple Act of the House, and is NOT, like the Public Service Pensions are, a Constitutional entitlement.
2. The Interpretation and General Clauses Act, section 19. (2)(c) states as follows:
“19. (2) Where any law repeals any other law, then unless the contrary intention appears, the repeal shall not-
(c) affect any right, privilege or obligation or liability acquired, accrued, or incurred under any law so repealed.” [emphasis added]
So that ALL that is required to be done is to make the contrary intention appear in the Act by stating in the Act which would repeal this obscene Legislators Pensions Act, that “All rights, privileges, obligations, liabilities acquired, accrued or incurred under and by virtue of the Legislators Pensions Act, are repealed from the date of the commencement of this repealing Act.”
So, if we hear Politicians mumbling about not being able to repeal the Act, and stop these unfair payments to Politicians, challenge them because they would bewrong in law, and Morally as well.
Think about it this way:
1. Our taxes are being raised, and new taxes are being imposed on us.
2. Civil Servants have had three salary reductions, and upon retirement are paid a Pension based on the average salary received over the three years immediately BEFORE their retirement. The Politicians receive their unfunded Pensions based on THE HIGHEST ALLOWANCE THEY EVER RECEIVED, and are therefore NOT affected by ANY cut in allowances when it comes to their Pensions.
3. Not one Politician merits being paid a Pension or Gratuity by the Taxpayers. Not one. Nobody beg them to beg us to elect them to SERVE us.
4. You ever heard of an employee taking it upon themselves to give themselves Gratuity and Pensions (enormous ones at that) out of their Employer’s treasury? I certainly have not.
5. I know a particular Civil Servant who will NOT qualify to receive her pension until she has retired after serving for 50 YEARS!! Yes, that is right, 50 years, she having started in the Service at 15 years of age, with her retirement age being 65 – exactly where those same Politicians who passed the Legislators Pensions Act in 2004 put the retirement age for Civil Servants. If she retires before, she will not receive her full pension. But those sons of @*%£*^% ensure that they get Gratuity as soon as they have served 5 years, and their Pensions when they hit 55. You have seen the enormous Gratuities they have received, so those who leave the House under the retirement age – in their case the “Pensionable age”- can survive luxuriously on their Gratuities, while they wait to hit the age. They planned it beautifully to benefit themselves. Just look at the figures again.
Let us now see how brave Anguillians are. Will they stay in their corner and do nothing? Or will they demand that this unfair, unjustifiable and obscene Legislation be repealed?
Let us see.
(Published without editing by The Anguillian newspaper.)
