controversial battle of the burgers.

But it is likely Members will line up as before -- blocking a bid to open a McDonald's in Bermuda by former Premier Sir John Swan's Grape Bay Ltd.

It appeared last night that neither side will use their Whips in a bid to impose party discipline on MPs.

And that means the three Ministerial members of the five-strong anti-franchise rebel group within the UBP are likely to escape party censure if they vote against the bulk of the party.

On the Opposition side, Progressive Labour Party Members are set to toe the party line and back the rebels to pass the bill designed to outlaw foreign franchise restaurants.

PLP party Whip Walter Lister said yesterday: "I would hope that I'm not going to be called upon.

"We have discussed this, of course -- I don't see much change, if any, on the issue itself.

"I'm assuming my services won't be required. I don't see anything earth-shattering coming along.'' Mr. Lister added that he was not aware of the United Bermuda Party Government's strategy for dealing with the third reading of the Prohibited Restaurants Bill.

He said: "They have probably made a decision on what they are going to do, but we'll have to wait and see what will happen.'' Government Whip Rick Spurling was yesterday playing the UBP's cards close to his chest.

But it is understood the McDonald's issue did not come up at the UBP caucus yesterday and the party will draw up an eleventh hour battle plan this morning.

Earlier, UBP insiders were keen to stress that Prohibited Restaurants Act was a private members' bill -- not official Government business in an apparent bid to minimise the fallout from a split in UBP ranks.

Premier Pamela Gordon did not return calls from The Royal Gazette yesterday.

Opposition Leader Jennifer Smith said: "We have had a very full decision in our Parliamentary group and we reached concensus opinion -- all Members agreed to abide by the party's decision.'' Battling UBP MP Ann Cartwright DeCouto has piloted the bill, designed to block the opening of a McDonald's burger restaurant by Grape Bay Ltd., controlled by Sir John and UBP backbencher Maxwell Burgess, from opening.

She was supported by Trevor Moniz, C.V. (Jim) Woolridge, Dr. Clarence Terceira and Dr. David Dyer. The last three are all now Government Ministers.

Mrs. Carwright DeCouto said yesterday she hoped for "broad bi-partisan support'' for her bill.

She added: "I see no reason why there should not be broad bi-partisan support. The Opposition supported it on the last occasion and I don't think anything has changed since then.

"The former Premier, Dr. David Saul, said that the matter was put behind us and if anything should transpire to show that is not true, I'd be terribly distressed and disappointed. We had turned over a new leaf, I thought.'' Mrs. Cartwright DeCouto declined to speculate on the source of claims that the retroactive aspect of the bill -- which calls for prohibiting franchise start-ups from May 10 last year -- were unconstitutional.

But the UBP rebel, herself a lawyer, insisted: "All I know of what's being said is what I read -- the bill is absolutely fine.'' The bill passed the House -- although it later stalled in the Senate -- last year and Mrs. Cartwright vowed to bring it back after the statutory 12-month period for it to come up again had expired.

The original vote was 23-16 in favour of the bill -- but some PLP MPs appeared to argue in favour of franchises, including Dr. Ewart Brown and Renee Webb.

Then-Acting PLP Leader Eugene Cox later insisted the Whip had not been used -- although Ms Webb said if a free vote had been allowed, she would have voted in favour of franchises as way into business for people without access to major capital.

But -- barring absences from the House -- even two defections from the PLP line, which is unlikely, would still not be enough to kill the bill.

Free burger vote The bill passed the House -- although it later stalled in the Senate -- last year and Mrs. Cartwright vowed to bring it back after the statutory 12-month period for it to come up again had expired.

The original vote was 23-16 in favour of the bill -- but some PLP MPs appeared to argue in favour of franchises, including Dr. Ewart Brown and Renee Webb.

Then-Acting PLP Leader Eugene Cox later insisted the Whip had not been used -- although Ms Webb said if a free vote had been allowed, she would have voted in favour of franchises as way into business for people without access to major capital.

But -- barring absences from the House -- even two defections from the PLP line, which is unlikely, would still not be enough to kill the bill.