NEWLY-appointed Works & Engineering Minister Colonel David Burch is not breaching Cabinet rules by continuing to broadcast his weekly radio show, says Premier Alex Scott.

The Opposition United Bermuda Party called last week for Col. Burch's Sunday evening show on Hott 107.5 FM to be unplugged, on the basis that it breached the Ministerial Code of Conduct and possibly broadcasting laws as well.

But a statement released last night on behalf of the Premier said the code did not prohibit Ministers from practising journalism.

Opposition MP John Barritt told the Mid-Ocean News earlier this week that when he served as a Minister in the United Bermuda Party (UBP) Government up to 1998, the Code had prevented him from writing or broadcasting.

"I do not have a copy of the Code, but from memory I recall that journalism was one of the things it prohibited," Mr. Barritt said.

"We were not allowed to communicate through the media, unless we were being interviewed."

An updated code was drawn up three-and-a-half years ago and the Premier's statement, issued by Beverle Lottimore, director of the Department of Communication & Information, quoted from it.

The statement read: "The Ministerial Code of Conduct (April 2002) states: 'Any Minister wishing to practise regular journalism, including the contribution of weekly or fortnightly articles to local newspapers, must secure the prior approval of the Premier.'

"It clearly does not say it is outside of the Code to practise journalism, but rather that doing so requires permission."

The Premier has given his approval for Col. Burch's show, arguing that he was not breaching broadcasting rules.

"In acting as moderator, Minister Burch provides important and general information in the main, and at times touches on politics," Mr. Scott said. "In this he has not circumvented broadcast rules, regulations or ethical standards.

"This provision enabling him to continue to produce his programme requires that he must always be responsible and, as a moderator, not be seen to curtail or support a particular position.

"Finally, the free flow of information is one of the benefits of our democracy and until anyone violates that right or privilege by propagandising or abusing that right, it will not curtailed.

"If such an instance or instances occur, then we would have to review."

The late former Tourism Minister David Allen, who served in Jennifer Smith's administration, gave up his weekly travel column with the Mid-Ocean News after entering the Cabinet, immediately after the General Election of November 1998.

Mr. Allen told the editor that he wanted to continue, but Cabinet rules prevented him from doing so.

This week, Britain's Works and Pensions Minister David Blunkett resigned after he broke the UK Cabinet's code of conduct by taking paid advisory roles with private companies.

Mr. Barritt, who writes the View From The Hill column in this newspaper, said he had steered clear of journalism during his time in office.

"I think there's a principle involved here," Mr. Barritt said. "When I was in office you could not even participate in shows, except in an official capacity.

"When you're a Government Minister, you're a Minister 24/7. That is how they justify having GP cars, because they could be on official duty at any time.

"If you are hosting a radio show, you don't stop being a Government Minister."

Col. Burch reportedly argued on his Hott 107.5 FM radio show last Sunday that his hosting a broadcast was no different to Mr. Barritt having a weekly column in the Mid-Ocean News. Mr. Barritt said there was an important difference.

"I am just an Opposition MP, not a Minister bound by the conventions and the code of conduct that come with collective responsibility.

"Far be it for me to curtail the Colonel's freedom of speech. I think his voice should be heard and I would like people to listen when he speaks, but it's the principle that's involved here.

"Because he is a Minister, it could be argued that his show is a Government broadcast. If that is the case, then the Opposition should be given equal time, according to broadcasting laws.

"I think the Broadcast Commissioners have to look carefully at this case and make a decision on it soon."

Mr. Barritt stressed that he was not "trying to shut down Col. Burch's show" and felt that politicians answering questions from callers was a healthy thing in a democracy. But having a Minister hosting a show was wrong in principle.

Before his appointment as Works & Engineering and Housing Minister and as a Senator last week, Col. Burch did make political points on his Bermuda Speaks show.

Hott 107.5 president and PLP backbench MP Glenn Blakeney has said he has "asked for directions" on whether the show is subject to broadcasting restrictions, but for the time being the show will continue being broadcast.