Legislative history of ‘Benefits for former prime ministers’. Will there be a review? — Hafiz Hassan
NOVEMBER 20 — Section 8 of the Members of Parliament (Remuneration) Act 1980 (Act 237) states that a Member of Parliament (either House) shall be entitled to such pension, gratuity and other benefits as are prescribed in the First Schedule.
The First Schedule has been amended a number of times. The first major amendment was to insert paragraphs 19A and 19B. The former is most significant because it allows the Yang di-Pertuan Agong to amend the First Schedule by order where it appears to the Agong “necessary or expedient so to do, and any amendment so made shall have effect as if enacted in this Schedule.”
The Agong acts on advice of the Cabinet or prime minister. An amendment by order pursuant to paragraph 19A is therefore an executive act that circumvents Parliament.
Pursuant to, and in exercise of the powers conferred by paragraph 19A of the First Schedule, paragraph 21 — “Benefits for former prime ministers” — was inserted and deemed to have come into force on June 9, 1981. The order was made vide the Members of Parliament (Remuneration) (Amendment of First Schedule) Order 1981 [PU(A) 216/1981].
Paragraph 21(1) then read as follow:
“A person who ceases to hold the office of Prime Minister, or a person who had previously held the office of Prime Minister before the date of the coming into force of this Act, and is not currently a Member shall be entitled to such allowances and privileges at such rates and on such terms and conditions as may be determined by the Cabinet from time to time.” (Emphasis added)
A view of the Parliament building in Kuala Lumpur March 19, 2021. ― Picture by Yusof Mat Isa
The word “Member” means, among others, a Member of Parliament. No former prime minister would be entitled to the benefits under paragraph 21(1) if he were to remain a Member of Parliament.
Twenty-two years later, by another order — Members of Parliament (Remuneration) (Amendment of First Schedule) (No. 3) Order 2003 [PU(A) 236/2003] — paragraph 21(1) was amended. The words “and is not currently a Member” were deleted and the amended paragraph was deemed to have come into operation on April 9, 2003.
The word “Member” means, among others, a Member of Parliament. No former prime minister would be entitled to the benefits under paragraph 21(1) if he were to remain a Member of Parliament.
Twenty-two years later, by another order — Members of Parliament (Remuneration) (Amendment of First Schedule) (No. 3) Order 2003 [PU(A) 236/2003] — paragraph 21(1) was amended. The words “and is not currently a Member” were deleted and the amended paragraph was deemed to have come into operation on April 9, 2003.
kt notes: Wonder who was then the PM? 😁😂😅😆😜
Paragraph 21(1) now reads as follow:
“A person who ceases to hold the office of Prime Minister, or a person who had previously held the office of Prime Minister before the date of the coming into force of this Act, shall be entitled to such allowances and privileges at such rates and on such terms and conditions as may be determined by the Cabinet from time to time.”
The prime minister was then Datuk Seri Dr Mahathir Mohamad, who left the office of the Prime Minister in October 2003.
Former prime minister Datuk Seri Najib Razak has now said that he will withdraw his application for his entitlement under paragraph 21(1) of the First Schedule. He has even suggested that the government review or revoke the benefits for former prime ministers if these were a source of controversy.
Will the Cabinet review paragraph 21(1) and advise the Agong accordingly?
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kt comments:
Wakakaka, I don't think so as Moo-Moo and Turtle-Egg Head will be pissed off.
So which past PM had benefitted and how?
1. Tunku - we know from history that poor Tunku, probably the only honest and clean PM, was so pokkai at his time of "forced" retirement, and that his poverty was an embarrassment to Tun Razak and the Malaysian government, that Tun did a quickie job in parliament which then saw Tunku presented with a house (which he personally chose to be in Penang island - and fkc you Fei-Lo, wakakaka), a small staff and car and a monthly allowance that was decent enough for an ex PM.
2. Tun Razak - don't know lah
3. Hussein Oon - ditto
4 - Mahathir - don't know too but we all love to know, wakakaka, but what is known is Atuk has an office at Perdana Foundation Centre, wakakaka again
4b. Ling Liong Sik - one day PM - wakakaka, he doesn't need it
5. AAB - ???
6. Najib - we know but he has since yesterday rejected that present wakakaka
7 & 8. Moo and Turtle-Egg Head - soon to come, wakakaka
The remuneration of the ex-PM is recommended by the Cabinet (whom the PM has selected) and the succeeding PM?
ReplyDeleteThis is overflowing with conflict of interest.
The remuneration should be decided and approved by Parliament or a Select Committee made up of gomen and opposition.
There should also be a cap, such as 50% of last drawn salary, fully staffed house (owned by gomen, not Gifted), car & driver and security detail, until he dies. Spouse included.
Finally, if the PM is a convict he shouldn’t get a sen.
Angela Merkel gets a pension of 15k Euros per month, compared to her salary of 35k Euros as Chancellor for 16 years. She gets no free housing; only an office, office manager, two assistants, a Secretary and a driver. And she is not a convict.