Home Affairs Minister Paula Cox admitted yesterday that there is some confusion surrounding current guidelines for overseas artists' work permits.

Government has been criticised by many in the arts community for not consulting widely before issuing controversial new draft proposals, but Ms Cox said much of what is in the new document applies now.

She told The Royal Gazette that misunderstandings had arisen because when the regulations, which were in force under the previous Government, were updated in the past, they were often not written down.

Among other things, the draft proposals would ban non-Bermudian artists from selling prints of their works.

The proposals were issued following complaints from some Bermudian artists who felt threatened by foreign artists selling their prints.

Neither the Bermuda Society of Arts nor the Bermuda National Gallery (BNG) were consulted before the draft was issued.

BNG trustee Charles Zuill welcomed Ms Cox's admission that there was misunderstanding, but said some of the controversy could have been avoided if Government consulted properly before issuing the draft plan.

Ms Cox said yesterday: "There were rules and regulations that were not always put in writing and when there were updates, they were not always distributed by way of a memo and that, to me, is a gap.

"It is something where we are criticised, but we are trying to move this forward in the sense of having something that is accessible.

"People in some areas seem to be less sure about what the existing policies are and that hasn't helped, and what they think they are getting is something that is already in place.

"The draft proposals are very similar to what was in place. Some people didn't recognise they were in breach, but now it is healthy because they are coming to the table about what they should have been doing to begin with and that's helpful.

"We're giving people a chance to look at how this should be revised and revamped and there are some good ideas coming out.'' Ms Cox said widespread consultation was taking place now that would continue for some weeks before final regulations are agreed.

Dr. Zuill said: "That's encouraging that she's admitted there is confusion.

The sooner we get it sorted then clearly the better for everyone.

"Most people don't have a problem with people working professionally having to have a work permit. I do have a problem with telling them what they can and can't do, and I do have a problem with work permits for hobbyists -- people who occasionally exhibit but are not professionals.

"It is so unclear that they don't know whether they require a work permit or not. It is very vexing and its creating a lot of concern, probably unnecessarily.

"It might have been better if Government had done their research before they put it out and we would have felt better because we would have been part of the process, but we were left out.'' Dr. Zuill said that as he understood the proposals, foreign artists living abroad could sell their prints in Bermuda, but resident overseas artists could not.

This would allow a visitor to come to the Island to paint, go back home, make prints of their work and send them back to the Island for sale.

"The only people that are penalised are those working on the Island contributing to the art community and that is very unfair,'' he said.

Cox pledges arts consultation There was further uncertainty in the arts community last Wednesday when Immigration officers told English artist Jonah Jones, who rents a studio in the Arts Centre in Dockyard, that he needs a work permit.

Mr. Jones has exhibited and sold his work at the Arts Centre, which has always notified Immigration and been given approval to do so.

But it is understood Immigration believes Mr. Jones needs a work permit to sell his work through the centre.

A gallery representative, who asked not to be named, agreed there is confusion at the moment about how the work permit regulations apply.

The representative said: "It is very confusing because we do not want to be on the wrong side of the law, but we're not sure what the law is.

"In the past we've written to Immigration asking for clarification but we haven't received a reply and I believe other galleries have done the same.'' She said she was against the proposed banning of the sale of prints from foreign artists.

"Some Bermudian artists are pointing to a fall in sales and blaming foreign artists, but there are now about half the tourists there were,'' she said.

"Non-Bermudian prints broaden our selection and broadening the selection gives us more chance of selling work.

"The revenue non-Bermudian work brings in creates a buffer zone between us being in the black and being in the red.'' Paula Cox: `We're listening' ARTIST ART