Government should force a firm locked in a legal battle over opening McDonald's in Bermuda to honour an airport contract with another type of restaurant -- or give someone else a chance, Opposition leader Jennifer Smith said yesterday.

Ms Smith was speaking after the Court of Appeal ruled that the House of Assembly acted legally when it passed a law banning foreign fast food restaurants in Bermuda.

But -- pending a possible challenge to that verdict in London's Privy Council -- work on a restaurant could stay on hold.

Ms Smith said: "I would think the Court of Appeal would allow the Minister of Transport to finally resolve the position.'' She pointed out Bermuda was coming up to the peak holiday season -- with no proper facilities at the airport for arriving and departing visitors.

Ms Smith added: "I would think it's incumbent on a Country which prides itself on being first class to provide first class facilities.'' The Court of Appeal overturned a Supreme Court decision in favour of Grape Bay Ltd -- a firm controlled by ex-Premier Sir John Swan and now-Government Minister Maxwell Burgess -- which said the Prohibited Restaurants Act 1997 infringed the firm's rights under the Constitution.

But Ms Smith insisted: "The lease should not be conditional on a McDonald's -- the Minister gave a lease to Grape Bay.

Grape Bay airport lease draws fire give it up. If the purpose of the lease was to serve the travelling public, I would think Government could provide a mechanism to do so.'' Grape Bay Ltd have yet to decide whether to take the Court of Appeal to the Island's court of last resort, the Privy Council in London.

They were awarded a lease more than a year ago -- but the decision has not been ratified by Parliament because of the row.

And new Transport Minister Erwin Adderley admitted Government's "hands were tied'' until all the legal avenues were exhausted.

He said: "The point is there is the potential -- until this thing has completed the legal process, there still could be a McDonald's down there -- we can't say they should do something else.'' Ms Smith -- whose party combined with a rebel group of five Government MPs to push through the anti-burger bill -- added her party supported the Court of Appeal ruling.

She said: "We certainly think the judgement was justified -- that's been our position all along.'' Ms Smith hit out at a press conference to announce four candidates for the forthcoming General Election.

Sen. Terry Lister will -- as predicted -- take over in Sandys South from veteran MP Walter Roberts, who has opted to retire from politics. He will team up with sitting MP Walter Lister.

And first time candidate and head teacher Dale Butler will learn the campaign ropes in Warwick East with Alex Scott, the party's Home Affairs and Public Safety spokesman.

Mr. Roberts -- with party colleague Lois Browne Evans, the longest-serving MP in the House -- said he had told former PLP leader Frederick Wade that the 1993 General Election would be his last.

But he added: "I am not going to get out of the political scene -- I've always been a pretty strong worker in the party framework.''