PORT OF SPAIN, Trinidad – The Senate Monday night approved legislation which now sets a minimum one-year term in office for any prime minister to qualify for a state pension as well as a tiered payment structure based on time served.
Former Prime Minister Stuart YoungThe legislation has “retroactive” effect from March 10, this year.
The government of Prime Minister Kamla Persad Bissessar had last weekend achieved the required special majority in the House of Assembly to pass the Prime Minister’s Pension (Amendment) Bill, 2025, that the opposition People’s National Movement (PNM) legislators said was aimed at former prime minister, Stuart Young, who became head of government on March 17 and lost the April 28 general election.
The bill had required a three-fifths majority to pass in both Houses of Parliament, and as they did last Friday, PNM legislators abstained in the Senate, with the government again securing the necessary numbers as 20 Senators voted in favor, and 10, including four independent legislators abstaining.
The passage of the legislation in the Senate came as President of the legislative chamber, Wade Mark, warned against intimidating legislators whether inside or outside of Parliament, would constitute a breach of privilege, and would not be tolerated.
While he did not single out any one in particular, the ruling came less than 24 hours after the public relations officer of the ruling United National Congress (UNC), Dr Kirk Meighoo told a news conference on Sunday that the government would need the support of four independent legislators to have the bill passed.
Meighoo told reporters that were no truly independent senators in the Upper House, as they were all appointed by President Christine Kangaloo, who he said is “a long-standing and deeply embedded figure within the PNM.
“How are the President’s senator going to vote? Will they vote as a group, as if they caucused, or of one mind? Will they stop the will of the people? Will they stop the bill? We need four, but if the President’s senators vote against the bill or cowardly abstain, like the PNM did in the House of Representatives, then they will defeat the legislation and allow the PNM to continue to rape the treasury and the citizens and taxpayers even while in opposition.
“We call on the President’s senators, do not thwart the will of the people, do not be a backward force. Do not allow the PNM to get away with this loophole, allowing people to collect one day or even five seconds, when other public servants have to serve years to qualify,” he added.
Public Utilities Minister, Barry Padarath, who was also present at the news conference, repeated the call for the independent senators to “be true to their name and for the independent senators to remain independent and work in the interests of the people of Trinidad and Tobago…”
But Mark, a former speaker of the Parliament and a long-standing legislator, said he felt compelled to rule on a serious issue which had been raised with him via correspondence and that parliamentary privilege provides essential protection from external interference of any kind.
He said it guarantees legislators the freedom to speak, deliberate and vote without fear or coercion as enshrined in Section 55(1) of the Constitution of the Republic of Trinidad and Tobago.
Mark said that this freedom is not a mere courtesy but is a fundamental constitutional right , sacrosanct and is beyond challenge or compromise.
“Let me be clear, healthy criticism is not only permitted, it is expected in any functioning democracy. No one is suggesting that expressions of disappointment over policy outcomes, or disagreement with a vote, are out of bounds,” he said, adding “but what we are dealing with here, is not mere criticism.
“When words or actions cross the line into harassment, intimidation, or attempts to shame Senators for how they vote or pressure them to vote in a particular way – that is something entirely different – and it will not be tolerated.”
He said every single member of the Senate, whether on the independent, opposition or government benches, possess the inalienable right to speak and vote freely, guided by conscience and without undue influence.
“These are not abstract ideals – they are binding principles,” Mark said, adding “let this serve as a clear warning to all. This House and certainly this chair, will act firmly to protect the privileges, rights, and immunities of this Senate collectively and each senator individually”.
The government, citing the importance of creating a fair system in line with established human resource practices in the Trinidad and Tobago Public Service, said that the legislation was necessary.
Planning, Economic Affairs and Development, Dr. Kennedy Swaratsingh told the Senate that the reform of the bill mandates a minimum period of service and a tiered pension plan. He said the legislation protects the fiscal responsibility of the public service.
“This bill is attempting to correct a wrong that is a glaring example to all of us,” he said, adding “this bill is proportional, it is fair, it is just and it is responsible”.
But Independent Senator and Senior Counsel, Anthony Vieira, who was among the four independent legislators that voted against the legislation, cautioned against ad hominem legislation, citing examples of its failure.
“Ultimately, this is not about whether one likes X, or dislikes the former prime minister, while this way of thinking may be jarring to some people, this is not about quantum. Whether the former prime minister gets eight thousand or 80 thousand (dollars) it is irrelevant.
“This is about constitutional rights. The Constitution protects rights regardless of popularity,” he added.
The Leader of the Opposition Business in the Senate, Foster Cummings, said while the opposition had no issue with the tiered system as outlined in the bill, given the serious concerns about the legislation, another course should be taken.
“Is the matter serious enough for the government to consider taking the matter to a joint select committee of Parliament to have discussions among members of both Houses as to how can a matter like this be put forward. How can the government achieve the objective that they set out to achieve, but yet not offend the law,” he asked.
The government had said that the legislation introduces two significant amendments, introducing a minimum service requirement in that a person appointed as prime minister on or after August 31, 1962, the date the island became independent, automatically qualifies for a pension, regardless of the length of service.
It said clause 5 of the Bill seeks to amend that section by introducing the requirement that a person must serve as prime minister for at least one year from the date of appointment in order to be eligible to receive a pension.
The legislation also introduces a tiered pension calculation that a former prime minister is entitled to receive repealing the automatic full entitlement, replacing it with a system where the pension will be calculated based on the length of service, according to the following tiered structure:
According to the legislation, the former prime minister will now receive one third of the pension if he or she serves in the post for not less than one year, one half, if the holder serves for not less than two years, increasing to two-thirds, if the service is not less than three years and full amount if the former prime minister serves no less than four years.
Last week, in a statement posted on his Facebook page, Young wrote “the bill’s retroactive application to March 10, 2025 is constitutionally illegal as it is “ad hominem” (a law that targets a specific individual).
“I will not support any ad hominem legislation and the abuse of the constitution,” the Senior Counsel said, adding “as a matter of principle, it is my view that I should not participate in or be present for the parliamentary debate of this bill”.
