racism from Bermuda provoked some queries from both the Opposition and Independent senators in the Upper House yesterday.

While some assailed the Commission for Unity and Racial Equality Act (1994) as a bill without teeth, there was broad agreement that the bill was an important piece of legislation.

CURE passed by a wide (7-3) margin after a last-minute amendment proposal by Sen. Milton Scott (PLP) failed to win Government and Independent senators' votes.

Sen. Scott wanted the inclusion of a clause to give the PLP the power to appoint five of CURE's 12 commissioners as opposed to being merely consulted by the Premier on part of the commission's make-up.

Sen. Larry Scott (UBP) said this legislation was Government's attempt to deal with both racial and gender discrimination.

The new body, he said, would work in tandem with the Human Rights Commission although it is Government's "persuasive arm''.

Sen. Scott said Bermuda had moved to the stage where acts like CURE are possible but the passage of legislation alone was not enough.

Furthermore Sen. Scott said the CURE debate would have been more successful if the Senate was also debating the proposed amendments to the Human Rights Act.

This, he explained, would have allowed the Senate's opposition and independent members to see how both acts "dovetail nicely''.

Sen. Scott then described the various parts of the CURE act including its preamble, interpretation, codes of conduct and the secrecy criteria that commissioners will have to follow to ensure CURE does not lose credibility.

Both the civilian and military wings of Bermudian society will come under CURE's jurisdiction Sen Scott said.

Sen. Milton Scott (PLP) said that while the CURE act attempts "to address one of the most challenging issues facing Bermudians'', racism, especially in its institutionalised form, is an integral part of Bermuda's history.

Sen. Scott said Bermudians appeared to be tired of discussing Bermuda's racial problems and he questioned whether CURE was nothing more than the "public relations wing of the Human Rights Commission with no teeth to deal with racial inequalities''.

He pointed out that it appeared sex discrimination just seemed to be "lumped in'' and has not received fuller treatment.

While critical, Sen. Scott made it clear that he applauded Government's action to date, although he had some misgivings about the "proliferation of codes of practice''.

Sen. Scott also asked whether CURE was going to be the vehicle that addressed the segregation in the secondary schools.

Meantime Sen. Yvette Swan (UBP) said the CURE bill was a step in the right direction since it is not aimed at condemning anyone.

Sen. Terry Lister (PLP) said CURE was "long overdue''. He pointed out that much that ails Bermuda had parallells in the United States where many Blacks have given up.

He warned that Bermuda could move down this path if "white old time Bermuda...kept the rest of us locked out''.

Sen. Lister said this "locking out'' occurred in business, where black owned companies are shut out of opportunities to compete.

"This must stop,'' he said. "We do not wish US style legislation or quotas when we are the majority. We need to look at how things are done.'' Sen. Norma Astwood , (Ind) chided the legislation's drafters for "cleaning house the same old way''.

She pointed out that sex had so many different meanings and that the legislation should have used the term gender to address the specific brand of discriminatory acts that faced women.

Sen. Astwood said children should also have been included and that the definition of "racial group'' used in the legislation was an example of the same prejudiced thinking that the legislation was supposed to eradicate.

Meanwhile, Sen. Neletha Butterfield (PLP) said CURE could never be a panacea.

Instead those who practice racism needed to communicate.

She said that training and education were "vitally important'' in the workplace.

Sen. Butterfield said CURE appeared to be "another set of false teeth and false promises if it is not enforced.

"Society will embrace this if it is acted upon and the past is respected and acknowledged.'' Sen. Lynda Milligan-Whyte (UBP) criticised Opposition senators for starting off the debate in such a negative way.

She said Human Affairs minister the Hon. Jerome Dill had consulted widely in Bermuda and overseas before he put the bill together.

Although it could not address specifically such issues as drugs, violence and the problems of black-owned small businesses, such problems will be addressed under other pieces of legislation.

Sen. Milligan-Whyte said sex discrimination was written into the bill because there is a large body of law which refers to these issues already.

She admitted that this did not address the appropriateness of the term or whether the concept of gender is better, but it served to explain why the term "sex'' was used instead of "gender''.

Sen. Alf Oughton said although Government had a difficult task better race relations in Bermuda were not insurmountable.

He said the Airport takeover presented CURE with the best opportunity to act as "watchdog'' and ensure that black businesses were not discriminated against.

Sen. Gary Pitman (UBP) said there were plenty of organisations like Young Life, the Rotary Club, and Youth to Youth that were doing positive things and that Bermuda was the one place in the world where racism could be eradicated.

Government Senate leader the Hon. Gerald Simons said Bermuda has the opportunity to do some good work and that some significant progress has been achieved.

Many of these changes were due to legal manoeuvres, he said, adding that improved race relations was an "evolutionary process'' that cannot be achieved "full blown at once''.

Sen. Simons (UBP) said although Government had sent out questionnaires to 75 firms only 15 had returned them and this was disappointing.

But Government was following up on this and inquiring why they had not provided the requested information.

Sen. Simons said contractors will be given a base tour to make them aware of the opportunities available on the bases that there would be no attempt made to restrict small black businesses from seizing opportunities.

Sen. Larry Scott (UBP) said that the CURE bill was "not the teeth bill''.

CURE, he said, was set up to "educate the community''.

When the debate resumed after the lunch break, Sen. Milton Scott PLP introduced an amendment aimed at giving the PLP the power to appoint five supporters to the 12-member CURE.

But Sen. (Larry) Scott said the amendment should be resisted as it was going into the partisan side of politics.

It would "exacerbate division'' when Government hoped to encourage both sides to take a conciliatory approach, he said.

Sen. Milligan-Whyte said the amendment would tie the hands of the commissioners and create division.

CURE passed In any event, she pointed out, the bill did give the Opposition a say on the appointments with the clause that says the Governor shall appoint CURE on the advice of the Premier "who shall consult with the Opposition Leader''.

Sen. Scott's proposed change would defeat the purpose of the unification bill, she said. But Sen. (Milton) Scott interjected: "Never once in 25 years has a recommendation from the PLP been given serious consideration.'' Government Senate leader Sen. Simons said the amendment would create PLP and UBP factions of CURE which was counter-productive. Sen. Swan UBP agreed the amendment "did not address what the Bill seeks to do'' -- which was racial unification.

She added it tied the hands of the PLP to having a say on just five of the 12 commissioners when it could be the case there was more expertise on the Opposition side.

Sen. Oughton said while he understood where the PLP was coming from in introducing their amendment, he could not agree with it because CURE was one commission that should not be politically divided by the appointment of members of certain political persuasions.

Sen. Lister said while the bill said the PLP "shall'' be consulted on the appointment of members by the Premier, the Government's idea of consultation was a last-minute telephone call.

The amendment was defeated by seven votes to the Opposition's three with President the Hon. Albert Jackson and Sen. Oughton voting against it with the Government. Sen. Norma Astwood Ind. was absent.