The United Bermuda Party lost its bid for a vote to test the confidence of MPs in Premier Jennifer Smith.

But the Opposition said they intend to pursue the matter in the House of Assembly with a motion stating that they disagreed with the decision by Speaker Stanley Lowe to reject the proposal.

It is understood they also intend to take the matter to the Governor.

He ruled that a motion, set down after the PLP leadership challenge, which called for confirmation by secret ballot that "Premier Jennifer Smith is the member of the House of Assembly who is best able to command the confidence of a majority of members of the House'' be dismissed.

Speaking to MPs yesterday, Mr. Lowe said he could decline a motion that could cause mockery or annoyance.

He added that it was a matter only for the Governor whether or not a new Premier should be appointed, not MPs.

Later, Opposition Legislative Affairs Minister John Barritt said they still intended to pursue the matter.

"We request an audience with the Speaker, we want a chance to put our position and take it from there,'' he said.

Mr. Lowe said an inappropriate precedent would be set in permitting the motion.

He said the Governor could consider appointing a new Premier if the ruling party had elected a new leader, or if the Government had fallen as a result of a vote of no confidence or if the ruling party ceased to hold a majority.

"The established constitutional convention is for the Governor to appoint as Premier the leader of the ruling party, without regard to the views of members of the House as to whom should occupy this position.

"Whether the Premier `commands the confidence of the majority of the House', is a matter for His Excellency (the Governor) based on her standing with her own party, not the House as a whole.'' He added that a request for a secret ballot was against the rules and said it would be "indefensible to allow this motion to interfere with a process completed outside this House''.

However, a reply sent to the Speaker from Opposition Leader Pamela Gordon stated it was a matter for MPs whether the Premier had the confidence of a majority of MPs.

She said any motion was usually allowed, and "stifling the process'' was "unfortunate to democracy''.

Ms Gordon added that a secret ballot had been used in the House of Assembly before and there was no prohibition of House rules.