Immigration Minister David Burch was yesterday accused of "bullying" tactics as it emerged he has excluded another politician from his meeting on expatriate term limits.

Michael Fahy, a founding member of the Bermuda Democratic Alliance (BDA), is to lodge a complaint with the Human Rights Commission after an angry e-mail exchange with the Minister.

He submitted a reply to a notice of the meeting, only to be told: "You are not invited end of story."

Senator Burch also said: "I am not in the habit of justifying my actions to people like you."

The meeting restricted to "Bermudians only" in international business aims to be "an honest sharing of ideas", according to the Minister.

Mr. Fahy however, the general counsel to a captive management company, has been told he is not welcome.

"E-mails like this from Senator Burch should be deeply disturbing, not just to the average voter but to international business," said the BDA chairman yesterday.

"I am being deliberately excluded in what appears to be a fundamental breach of the Human Rights Act 1981. I am being treated differently, most likely based on my beliefs or political opinion.

"The original e-mail also appears to be a breach of the Human Rights Act, in that it's a notice indicating an intention to discriminate against a person or class.

"In this case it is place of origin or national origins, as you are excluding non-Bermudians."

Mr. Fahy said yesterday: "The fact I've been excluded, probably because I disagree with the Minister on various issues, that is wrong.

"If Senator Burch wants to take these kinds of things personally he can, but at the end of the day it's not good for democracy.

"It is time that people should be able to stand up without fearing they will be punished in some way by the Government. This is a clear and flagrant example of bullying, and to me it's an outrage."

Mr. Fahy said: "We've seen examples from the Minister with his attitude to the ten-year work permit issue. He said Cabinet approved them but then said, 'I'm not issuing any' because of some disagreement with international business.

"Is that the way to run Government and the Country?

"The Minister's attitude seems to be, 'If you disagree with me, then to hell with you'. Well that's not democracy.

"In my view the Government really needs to think about whether or not Minister Burch should be continuing in his position, with these kinds of outbursts.

"He should also be conducting himself according to the Code of Conduct for Ministers."

The Code of Conduct states: "Ministers are expected to behave according to the highest standards of constitutional and personal conduct in the performance of their duties."

Mr. Fahy said: "Being a bully is not complying with the Ministerial Code of Conduct.

"I think it's time that his position should be seriously reconsidered. I'm not faulting his work ethic but there are certain ways people should be behaving and this isn't it.

"You can't exclude people based on what they believe. You can't discriminate, because that's not democracy and could be perceived as being a despotic way of governing.

"I am still attending the meeting," he said. "I want to go and listen to what's going on, as a member of the international business community and as a Bermudian.

"I agree with a ten-year work permit, but would like to see a better way of ensuring Bermudians are trained properly in international business.

"But if this is the way you are treated if you express a different opinion, then I think the Minister has the potential to alienate people and international business, because if you disagree with him you do so at your peril."

United Bermuda Party Sen. Michael Dunkley had earlier described Sen. Burch's e-mail notice as "divisive and inflammatory".

The Shadow Immigration Minister said he would attend the meeting but was told by Sen. Burch: "You don't work in international business so you can't come."

Mr. Fahy said yesterday: "What is his frame of reference for 'Bermudians in international business'? It's just a reason to pick and choose.

"Every single person in Bermuda is affected by international business and that's what people don't appreciate. The service providers, shopkeepers, restaurants and catering staff, everyone is affected by what happens."

Sen. Burch did not reply to this newspaper's request for comment yesterday.

THE ORIGINAL E-MAIL TO BERMUDIANS IN INTERNATIONAL BUSINESS:

From: Burch, David

Sent: Monday, March 15, 2010 5.34 PM

Subject: INTERNATIONAL BUSINESS IN BERMUDA

Dear Bermudian Worker in International Business,

I have heard from every alphabet group in this country who purport to represent you and your industry and they have indicated to me that Work Permit Term Limits signal the death knell of international business in Bermuda. They have always cited that this will negatively affect Bermudians in the industry and so I want to hear from you.

So what say you?

As the Minister currently responsible for Immigration I wish to first of all share with you the policy and the reasons for its enactment and also to hear directly from you those in the industry. Please join me on Thursday, 8 April at the Berkeley Institute starting at 5.30 p.m.

Come with your concerns and solutions.

This is not an opportunity to whine, but an opportunity to share relevant information about the industry and discuss viable solutions directly with me.

This is a private meeting for Bermudians only no media so that there can be an honest sharing of ideas. In this vein proof of Bermudian Status will be required. Please feel free to share this invitation with your fellow Bermudians in the industry.

Please feel free to share this email with everyone that you know who works in the industry.

We are keen to gain an understanding of how many we will be catering to so please respond to biib@gov.bm.

Many thanks and I look forward to seeing you on April 8th.

Senator, the Honourable Lieutenant Colonel David A. Burch, OBE (Mil), ED, JP

Minister of Labour, Home Affairs and Housing

THE CORRESPONDENCE:

This is the full transcript of the e-mail correspondence between Government Minister David Burch and Michael Fahy, chairman of the Bermuda Democratic Alliance.

From: Fahy, Michael

Sent: Tuesday, March 16, 2010 11.07 PM

To: Bermudians In International Business

Subject: Re: invite

I will be there on the 8th.

Thanks

Michael

From: Burch, David; On Behalf of Bermudians In International Business

Sent: Monday, March 29, 2010 8.27 AM

To: Fahy, Michael

Subject: RE: invite

You are not invited to this meeting.

From: Fahy, Michael

Sent: Monday, March 29, 2010 10.37 AM

To: Burch, David; Bermudians In International Business

Subject: re: invite

Dear Minister Burch

I would be grateful if you would explain why this open invitation is now being retracted.

For the avoidance of doubt I am in international business and unless there is a solid justification for the withdrawal of the invitation then I should be able to attend on the 8th in my capacity as General Counsel of IAS Ltd. in Bermuda.

Regards

Michael M. Fahy JP

From: Burch, David

Sent: Tuesday, March 30, 2010 6.49 AM

To: Fahy, Michael

Subject: RE: invite

My meeting I get to decide who attends.

From: Fahy, Michael

Sent: Tuesday, March 30, 2010 5.03 PM

To: Bermudians In International Business; Burch, David

Subject: RE: invite

Dear Minister Burch

With respect, your invitation was to Bermudians in international business and it did not say anything about any particular Bermudians in international business being excluded or that you were going to pick which Bermudians in international business could or could not attend the meeting. Thus I look forward to attending on 8th April 2010.

Regards

Michael M. Fahy JP

From: Burch, David

Sent: Tuesday, March 30, 2010 5.13 PM

To: Fahy, Michael

Subject: RE: invite

I am not in the habit of justifying my actions to people like you it is my meeting and I get to decide who is invited you are not invited end of story.