A complaint against Government Minister David Burch's use of the term "house niggers" on his radio show has been thrown out by the Human Rights Commission (HRC).

The commission told yesterday that "recent charges of racial incitement" made against the Senator had been dismissed.

In a statement, the HRC said: "The comments in question, however insulting or distasteful, do not, in the view of the HRC, cross the threshold of illegality as laid out in the (Human Rights) Act."

The commission also appeared deeply critical of Shadow Finance Minister Patricia Gordon-Pamplin, whose complaint prompted the investigation.

She lodged her objection after Colonel Burch cut off a caller on his Sunday evening Hott 107.5 FM call-in show last summer and appeared to refer to black members of the United Bermuda Party (UBP) as house niggers. He was not a member of Cabinet at the time.

Although it did not name Mrs. Gordon-Pamplin, the HRC statement said: "While the HRC advocates the fundamental democratic right of free speech and welcomes constructive criticism, it encourages all persons, particularly representatives of the people, to be mindful and to exercise discretion so as not to reduce this or any public body to political sport for personal ends.

"Such irresponsibility brings with it only further contention and does not, in the opinion of the HRC, serve the interests of the community."

Mrs. Gordon-Pamplin said last night that the HRC had interpreted the 1981 Human Rights Act ? which states that it is illegal to intentionally excite or promote ill will or hostility against anyone based on race ? in a "cavalier fashion" which protected the Works and Engineering and Housing Minister's "putrid spew".

"I was absolutely astounded at the press release issued today by the Human Rights Commission in which I was vilified for making a complaint of an incident that I found to be offensive," she said.

"Although I made the complaint, I was certainly not the only person offended by the comments.

"The HRC can rest assured that I have no personal agenda in this matter.

"I resent their declaration that I am irresponsible for objecting to supporters of the United Bermuda Party being called house niggers by anyone."

She added: "The HRC, in this release, has set a new very low standard not only for race relations, but also for acceptable lingo in the name of free speech in our community.

"How I could possibly be isolated for criticism is totally and completely beyond me and defies sensibility or explanation.

"It is a sad day, indeed, in Bermuda."

Opposition leader Wayne Furbert said the commission was "fully stacked" by PLP supporters and had come to an unfair conclusion.

"That's why we feel that any commission such as human rights going forward should be a committee picked not from political members but from independent people," he said.

"We don't feel that the commission itself was independent enough to make a decision on this particular one. I probably didn't expect anything different because it was loaded with PLP supporters."

The commission was criticised last year after it found that Premier Alex Scott had not breached the Act in an email he mistakenly sent to entertainer Tony Brannon which said he was tired of "taking crap" from people who "look and sound like Brannon".

In its statement, the commission said its integrity had recently been questioned and there had been a suggestion that it was unwilling to confront the actions of "certain high-level Government officials".

It said: "The HRC members represent a mixture of race, gender, age and background and are respectable, dedicated members of the community.

"Regardless of what HRC members may feel personally, each member has a duty to act in accordance with the Act. In coming to a resolution, each member is free to follow his or her conscience and decisions are reached on a majority basis."

The caller who was cut off from Sen. Burch's show also complained to the commission.

His letter, which has been obtained by , reads: "I was abruptly cut off by Col. Burch and publicly affronted with repulsive remarks which contained racial offence.

"As a young black Bermudian, I was flummoxed and outraged by such indignation, which I believe was based purely on my race and the contentious subject at hand. It is to my belief that this sort of abhorrence must violate basic human rights laws."

In a letter to Mrs. Gordon-Pamplin, the Commission's investigations officer Roger Marshall said her complaint had been reviewed but found to be without merit and not worthy of investigation.

The Broadcasting Commission met two weeks ago to consider the same complaint from Mrs. Gordon-Pamplin. Ira Philip, the former Progressive Labour Party senator who chaired the hearing, said yesterday: "The commission will in due course make public its conclusions."