The Attorney General blasted the Governor saying he acted "reprehensibly" by voicing concerns over the Workforce Equity Act 2007.

And he added that lawyer Timothy Marshall acted "deplorably" when he said Bermuda's Constitution would be violated by the proposed new law forcing companies to hire and promote blacks.

Attorney General Philip Perinchief said: "It is quite deplorable and entirely unhelpful when every time this Government attempts to right the wrongs of the past, presided over and even encouraged by successive UBP administrations more than their 30 years in power; there are those who rush forward to 'champion the cause of human rights'.

"Mr. Timothy Marshall, a recipient and beneficiary of this unequal status quo, and a lawyer, should know better.

"The outgoing Governor, a non-lawyer, has acted in even a more inhibitive manner and quite reprehensibly. In both instances, these two individuals are wrong on their perceptions of the law.

"The draft, Workforce Equity Bill 2007 is constitutionally tenable under in particular, section 12 (4) (d) of the Bermuda Constitution." The new legislation would fine companies up to $50,000 if they block the progress of black Bermudians in the workplace. It would also give Government powers to review and copy company records as they investigate compliance.

Governor Sir John Vereker spoke to this paper and said the new legislation would have to be carefully framed to ensure it complies with section 12 of Bermuda's constitution, which states no law can contain a provision which is discriminatory by affording different treatment to people based on how they describe themselves by race.

He added that he had "no doubt the Government will consult widely and carefully but I should remind you the Governor is expressly forbidden from assenting to any legislation which is contradictory to the Constitution".

Meanwhile in another issue of The Royal Gazette Mr. Marshall, the senior partner of Marshall Diel and Myers, also questioned if the law would comply with section 12 of the Constitution.

He said that the new legislation coupled with concerns about Bermuda's political climate and work permit problems could lead to international businesses going elsewhere. "This might just be the tipping point," he said. "Bermudians have to think: how far are we going to push this type of legislation which we know is not conducive and attractive to promoting international business. And that's our lifeblood."

He added that "quota legislation" similar to the Bermuda Act had been found unconstitutional in the US and UK.

But yesterday, Sen. Perinchief said that was not the case.

"Section 12 (1) of the Bermuda Constitution prohibits laws that are discriminatory in the sense that they provide different treatment to persons of certain groups, based on race, place of origin political opinions, colour or creed," he said.

"Also under section 12 (4) (d), the prohibition against discrimination does not apply to a law that gives an advantage to persons in any of the groups mentioned if it is reasonably justifiable in a democratic society, having regard to special circumstances pertaining to those persons.

"Section 12 (4) (d) is what is commonly termed affirmative action or employment equity."

He added that affirmative action programmes were already part of legislation through the Human Rights Act and the Commission for Unity and Racial Equality Act.

He also stated that countries such as the US, Canada and South Africa have affirmative action legislation and that they are endorsed in international law by the International Convention on the Elimination of All Forms of Racial Discrimination.

"Statistics show that black Bermudians as a group are underrepresented in certain occupational categories in the workplace," he said.

"We, of course, welcome a healthy and constructive debate on this draft Bill and welcome as well, if necessary, seeing Mr. Marshall and other like-minded individuals in Court where we will gladly 'hammer out' the issues."

The Attorney General added that the prohibition against discrimination does not apply to laws regarding the employment or engaging in business or professions of non-Bermudians — something his Government is taking under consideration.

Mr. Marshall and the Governor were not available for comment by presstime.

But Opposition Leader Michael Dunkley said he would not be drawn into personal attacks and stated that his party had worked hard to improve Bermuda while in power.

He also pledged the UBP would look for ways to tackle discrimination without pitting one section of the community against the other, something the PLP Government has repeatedly done, he said.