Govt, Opposition differ on interpretation of Former Presidents Benefits Bill

By Alexis Rodney

The David Granger Administration has confirmed that it intended to cap the benefits enjoyed by all former office holders and their families following the passage of the controversial Former Presidents’ (Benefits and Facilities) Bill in the National Assembly which was piloted by Attorney General Basil Williams. However, former Attorney General Anil Nandlall is maintain that the Bill is unconstitutional in its current form.

Minister of Governance, Raphael Trotman on Wednesday confirmed that the Bill would therefore affect the benefits enjoyed by former Presidents Donald Ramotar, Bharrat Jagdeo and Samuel Hinds significantly as they would be capped.

Trotman made the announcement when he hosted this week’s post-Cabinet press briefing at the Ministry of the Presidency. He confirmed that President Granger, prior to his departure to Ethiopia, assented to the Bill.

Trotman stated that the intention of the Bill when it was presented in the National Assembly was to cap the “exorbitant” benefits being enjoyed by the former Heads of State.

He noted that the Bill was not retroactive and that Government was not interested in what has already been spent. Last week, former Legal Affairs Minister and Attorney General Anil Nandlall had said that the legislation would not apply to former Presidents or the current President.

Prior to the new Bill, former Heads of State were allowed to use basic services at the expense of the State. These included water, electricity and telephone services.

The new Bill allows a capped allowance of Gy$75,000 for water, electricity and telephone expenses each month altogether, and limits personal household staff of former Presidents to three and clerical and technical staff to three.

Former Presidents and their children will also be subject to a financial limit of Gy$200,000 per annum in free medical attention and treatment or reimbursement of medical expenses incurred by a former President himself and his children below the age of 18 years. In addition, the former President will not be allowed more than two motor vehicles owned and maintained by the State.

In addition, their security detail shall not exceed two persons, including the services of the Presidential Guard Service at the residence. Former Presidents will only receive an annual vacation allowance equivalent to the cost of two first-class return tickets provided on the same conditions applicable to the Judges of the Supreme Court of Judicature. The benefits will not be subjected to any tax exemptions, concessions or privileges.

Finance Minister Winston Jordan, who tabled the Bill last Thursday, said its purpose was to repeal the Former Presidents (Benefits and Other Facilities) Act, Chapter 27:17, Act 12 of 2009, to provide greater specificity, especially if account is taken of the fact that the former President is eligible for a pension which is seven eighths the salary of the President in office.

Outrageous

In keeping with Resolution 22, which was passed by the National Assembly on August 2, 2012, the Minister said that the Bill sought to render conditions acceptable and predictable and to place a limit on the benefits, including tax-free concessions, to which former Presidents are now entitled. The Bill also specifies some conditions under which the benefits may be enjoyed.

But former Attorney General Nandlall is maintaining that the Bill is unconstitutional in its current form. The former Legal Affairs Minister outlined that the new piece of legislation would not apply to former Presidents nor the current President.

In a statement on Thursday, Nandlall explained that the Bill sought to repeal the Former Presidents’ (Benefits and other Facilities) Act 2009 and replace it with a regime of benefits and other facilities awarded to Executive Presidents after they demit office.

Nandlall opined that if enacted, the 2015 Bill cannot retroactively or retrospectively affect the entitlements conferred by the 2009 Act, since these entitlements have already accumulated to the former Presidents. He went on to explain that as it relates to Granger, the benefits were accrued to him the moment he assumed office since the 2009 Act was in force. However, he noted that these benefits would become due only after he demitted office.

On this note, the former AG said that the 2015 Bill can only operate prospectively and, therefore, will only apply to Presidents who assume office after Granger.