A proposed new law to make companies hire and promote black Bermudians bears "little resemblance" to ongoing discussions between Government and businesses, according to a Chamber of Commerce boss.

In an e-mail to Chamber members, Diane Gordon said talks had been ongoing for a year in an attempt to prevent Government resorting to "legislative or punitive" action to address imbalances in the Island's workforce.

Her message suggests details in the Workforce Equity Act 2007 — which gives the Commission for Unity and Racial Equality powers to fine companies $50,000 if they block the progress of blacks — came as a surprise to the Chamber.

Executive vice president Mrs. Gordon has also urged Community and Cultural Affairs Minister Wayne Perinchief to allow more input from firms affected by the legislation by extending his deadline for their responses from Monday, October 15.

Her e-mail states the Industry Task Force on CURE (ITFC), which includes representatives from the Chamber, the Association of Bermuda International Companies, Bermuda International Business Association and other groups, has "steadfastly sought to work with Government on a number of initiatives to collaboratively formulate solutions to address the current imbalance in the workforce and NOT have Government resort to a legislative or punitive approach".

It continues: "It is ITFC's view that the draft bears little resemblance to what had been the basis of ongoing discussions and prior consultations and as such the implied deadline of October 15th would not permit enough time to generate and have meaningful consultations with the members within each organisation.

"A request has therefore been made to Minister Perinchief on our behalf to extend the deadline while we obtain as much input from our members as possible."

The message was forwarded to The Royal Gazette by one of its recipients.

Yesterday, Mrs. Gordon said there was probably some confusion about the law.

"We are surprised that the legislation came out the way it did. We had expected that it wouldn't be legislative," she said.

"We were hoping to come to some sort of conclusion that was mutually acceptable by everyone."

She rejected a suggestion this meant the legislation had not been accepted in some quarters, and insisted Chamber members had been responding "factually, not emotionally".

This newspaper reported last week how the act will ensure firms of 40 or more employees set up policies to ensure black Bermudians achieve "a degree of representation in each occupational group in the employers' workforce that reflects their representation in the Bermuda labour force".

It will give Government powers to review and copy company records as they investigate compliance.

One leading business figure claimed the proposal — on top of concerns surrounding Bermuda's political climate and work permit problems — would encourage senior executives to review their exit strategies from the Island.

The Ministry of Community and Cultural Affairs did not respond to a request for a comment yesterday afternoon, but Mr. Perinchief has previously stated it would be flexible and that employers would not be instructed to rip their organisations apart.