BUSINESS chiefs have expressed a mixture of caution, concern and outrage at Government plans to impose quotas on employers.

A number of business organisations, including the Chamber of Commerce, the Bermuda Employers' Council, and the Association of Bermuda International Companies, were sent a copy of the draft legislation last week ¿ and were told there would be a two-week consultation process before a final version of the legislation was written up.

While some business leaders acknowledged there was at least a perception that black Bermudians were missing out on the current economic boom, they also expressed concern that the legislation could be rushed through without further study or consultation.

Chamber of Commerce president Phil Barnett said that businesses had been aware that legislation was in the pipeline ¿ but many were still caught out by the speed in which the draft document had been delivered.

He said his members were keeping a watching brief until a final Act was produced, but there was concern that the views of the business community would not be listened to.

He added that Government was acting prematurely in producing legislation before consulting the business community.

"Our response is still being formulated at the moment ¿ this has been sprung on us," he said.

"If there is disenfranchisement that has to be recognised and there is perhaps a pervasive sentiment that the black community is to a certain extent disenfranchised. If that is the case then that's obviously a concerning issue but at the moment I'm not sure that the facts support that. There just isn't sufficient information to support the argument either way. That's why we think we need a longer consultation period.

"Certainly, for Bermuda business to succeed as a whole there has to be upward mobility among black Bermudians. International business recognises that and is continually calling out for well-educated, qualified black Bermudians ¿ we need them and we need them to succeed at all levels.

"But there is also a concern that overt bureaucracy will stymie growth and that will have a negative impact on all Bermudians. And we also need to make sure that we are not moving people through artificially. There's a difference between good legislation and over-bureaucracy which only acts as an impediment. We need to be careful that we move forward together ¿ and that means having the time to discuss, reconcile and agree that this is the way forward.

"Although some may try and portray this legislation as antagonistic, there are no winners if this comes down to a fight ¿ no one wants that. Bermuda does best when we go forward hand-in-hand.

ABIC chairman David Ezekiel was also reluctant to speak out until he had seen the final draft of the Act.

"It's something that we've been working on with CURE for weeks and months and we were aware that new legislation would be coming through," he said.

"But we won't be able to respond until we have seen the final draft ¿ with these sorts of things the devil is very much in the detail. But it does come against a backdrop of concern about the burdens that are being put on the business community."

Other businessmen who spoke to the Mid-Ocean News were more critical. One insurance executive, who asked not to be named, said the new law was totally unnecessary, and could even contravene international human rights legislation because it discriminated against white Bermudians.

"If this has been concocted without any input from the business community then I'm shocked," he said.

"This will be a red flag to a bull. It is not practical, it will split the country and it will annoy businesses.

"The fact is there are insufficient Bermudians ¿ black and white ¿ to fill certain posts, which is why expats come here. The problem is that many Bermudians lack the education and qualifications for certain jobs. If they were qualified they'd be queuing up for jobs in international business.

"I think the timing of this is totally political ¿ it's an opportunity for this Government to shore up its support. But if I was the CEO of a major company I would be incensed."

Another senior executive said: "My first reaction when I read the draft report was that this is a panic move prior to an election. I think we can expect this sort of thing in an election year but this is really a bit panicky. I think that, if Government was serious about consultation with business they would allow a three- or four-month consultation process.

"By giving just two weeks, well, that's just window dressing. Given a document like this, people are going to want to get legal advice, and that's not going to happen in two weeks. But the fact that Government is only giving a two week consultation period shows that they're serious ¿ I don't think this is just some trial balloon.

"It will be seen by the international business community as an interference in the way they operate. This really does represent a philosophical shift."

The businessman also highlighted areas of the law, which he said would be impossible to enforce while the initiative could also hamper small businesses considering expansion, he claimed. The law only applies to companies of 40 or more employees.

And he also questioned whether the draft legislation broke human rights legislation.

"That's an interesting question," he said. "This is saying that it's okay to discriminate in favour of black people."

Opposition United Bermuda Party leader Michael Dunkley said he only received a copy of the draft yesterday and therefore could not comment on its recommendations.

"It's something that we need to pay close attention to but we have not had a chance to look at it closely yet," he said.

"We are pleased that there's going to be some discussion with the business community but it seems that the wider community is going to be left without any input into legislation that will affect everybody."