T would be truly lovely to discover that the public image presented by Works & Engineering and Housing Minister David Burch is a farce ? that in reality he's friendly, a gentle, humble soul. He seems to have shared a softer side with the residents of Mary Victoria and Alexandra Roads. Area spokesperson Albertha Waite sang his praises to after Sen. Burch confirmed he would not press forward with plans to build a 20-strong housing project in her neighbourhood.

"He (said) the Development Applications Board failed the plans," said Mrs. Waite following her chat with the Senator. "He is not going to appeal it...We had a lovely meeting and I am grateful."

Previously I had never read of, or spoken with anyone, who used the word "lovely" in connection with Sen. Burch. Perhaps part of the reason is that he usually appears where there is chaos, the hatchet man relied upon to administer admonishment to those who ask the wrong questions or express a sentiment that doesn't fall in with Government's social agenda.

It doesn't help that on the rare occasions he's pictured displaying what one might consider a smile, it comes across as more of a grimace, similar to the expression held by Sylvester as he dreams up ways in which to prepare a Tweety dinner.

Perhaps closer to the truth is that he considered it appropriate, during a live broadcast of his Sunday evening talk show, to refer to someone who called in as a "house nigger".

His complete utterance, for those who don't recall the incident: "I am sick and tired of the (United Bermuda Party) getting their house niggers to call up and try to give their opinion on Independence".

This week, members of the Human Rights Commission ruled determined Sen. Burch's words were not racist, nor did they "cross the threshold of illegality as laid out in the Act."

I don't understand that.

The law is clear. Aside from that, the comment was sufficient to cause two people to make a formal complaint. It was sufficient that Bermuda is still talking about it today.

As sad as it is to admit, I didn't expect another decision. I was shocked however that in its ruling, the HRC seemed to criticise one of the complainants for bring the matter before them, stating that "such irresponsibility brings with it only further contention and does not, in the opinion of the HRC, serve the interests of the community."

The HRC lists its commissioners on its web site. If it is accurate, I know some of them. I know them to be honest. I know them to be intelligent. So I truly wonder against what backdrop they reached the common decision that Sen. Burch's comments were not, as described by one of the complainants, Shadow Finance Minister Patricia Gordon Pamplin, "putrid spew".

As stated in the Human Rights Act 1981, it is illegal to "excite or promote ill will or hostility" against any member of the public based on race, ethnic or national origins. Perhaps the words "excite" and "promote" evoke a completely different meaning when reviewed under the scope of Bermuda law than they do when applied in day-to-day conversation. If that is the case, the law needs to be broadened.

Even if they determined Sen. Burch's comment was not racist, it most certainly "excited or promoted ill will or hostility" toward every single black member of the United Bermuda Party and the man whom it was directed towards.

Sen. Burch's comment was divisive and dismissive and of course, it was offensive ? he meant it to be, obvious by his response to the resulting ballyhoo, delivered in the Senate about a month after the incident was made public: "It is a term that some people may find offence. I have stated in this place, and many other places, that this country would be far better off today if we had some field negros instead of just house negros. Then we would have people who would have courage to stand up for themselves and for their rights....

"If there is a genuine desire to move forward in this country racially so that we have some honest talk, we have to have some honest talk from everybody. And we need to be not offended because somebody used a term that you don't like. The defence cannot be that if you say something that someone doesn't like 'Oh, you're a racist'...I have a responsibility to be honest to myself and I'm entitled to my human rights and my opinion and the fact that I say things that may offend folk ? they say things that offend me."

Clearly Sen. Burch has a different take on human rights than the rest of us, something I find particularly amusing in light of his recent comments at a public meeting on Independence: "Does (the Independence debate) translate into an anti-foreign or anti-white stance? Of course not! What it is, is a pro-Bermudian stance."