Government's plan to pass a law to ensure black Bermudians are given proportional weighting in management runs the risk of being struck down because it is unconstitutional, says departing Governor Sir John Vereker.

Recently Government released a draft version of the Workforce Equity Act 2007 will give the Commission for Unity and Racial Equality (CURE) powers to fine companies up to $50,000 if they block the progress of black Bermudians.

Firms of 40 or more employees will be forced to set up policies to ensure Bermuda's largest racial group gets its fair share of the top jobs and the draft bill has now been given to businesses to give feedback.Sir John said affirmative action had a respectable history in the States of helping minorities who had been disadvantaged.

But he cautioned: "What the framers of any legislation will have to watch is that section 12 of our constitution provides that no law can contain a provision which is discriminatory by affording different treatment to people based on how they describe themselves by race.

"So any law in this area will have to be very carefully framed and I have no doubt the Government will consult widely and carefully but I should remind you the Governor is expressly forbidden from assenting to any legislation which is contradictory to the Constitution.

"He added: "I am very confident the Government would not attempt to pass legislation which isn't constitutional. I think it is unthinkable that it would even be drafted."Ihave not seen a draft law, I am just saying people should be reassured there could not be such a law."

He said any such legislation would be more effective if it went hand in hand with a major effort to improve the local labour market with Bermudians of all colours properly qualified and available for work.

"Affirmative action can only be an interim stage."

He welcomed the fact that Government was looking at the young, black, male issue and had finally admitted there was a problem with the public education system.

"It was not so very long ago - and there is a headline in your newspaper to prove it - that Government Ministers were denying there was a problem in the secondary education system."