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CURE regulations put on hold after Senate defeat

Government plans to introduce racial monitoring in the workplace were put on hold yesterday when the Senate blocked the proposals to allow more time for consultation with employers.

Independent Senators lined up with the Opposition United Bermuda Party to defeat the implementation of the Commission for Unity and Racial Equality (CURE) regulations. Employers groups, who claimed the legislation was being rushed through without proper consultation, said they looked forward to further dialogue with Government to find a resolution.

Development, Opportunity and Government Services Minister Terry Lister, who piloted the legislation through the House of Assembly, will have to take the regulations back to the House again for approval or amendment.

If he decides to make no amendments, the regulations will be passed automatically by the Senate in a year.

Senate President Alf Oughton, and fellow Independent Senators Jeanette Cannonier and Walwyn Hughes voted with UBP Senators Maxwell Burgess, Mark Pettingill and Kim Swan to defeat the Government 6-5.

Opposition Leader Sen. Burgess said the UBP supported the CURE legislation but that more time was needed for consultation with the business community on the details.

He said: "I am particularly saddened that this didn't make it through. I would much have preferred Government to have put it on hold, report it back to the House again and report on progress. It doesn't do anyone any good when Government wants to bulldoze things through without regard for consultation and, in their word, transparency.'' The regulations require companies with ten or more employees to provide information about the racial make-up of their organisations, as well as details on recruitment, promotions and dismissals.

Employers said they only received details of the proposals on March 16, and they were passed in the House of Assembly a week later.

The Bermuda Employers' Council (BEC), which represents 360 companies, said the regulations went further than expected to include details on salaries and benefits, and a requirement that employers track transfers of employees.

BEC executive director Malcolm Dixon said last night: "We supported and continue to support the CURE initiative as we have done over the past five years.

"The BEC assisted in writing the employer's section of the CURE code of conduct, but as far as the regulations go, they went further than we expected.

"However, we look forward to further dialogue and seeing if we can assist in coming up with some ideas on how the regulations can be amended that will be acceptable.

"CURE carried out a survey last year and there were no problems with employers who filled it out. It also gave a breakdown of the racial demographics of organisations, but it did not include information about salaries and benefits.

"The problem we have with that and some other things such as the transfers is the tracking of these things, particularly for some of the smaller employers.

"It's the type of information that is not easy to track because of the extent of it. It's easy enough to understand, but the content seems to go further than the original intent of trying to find out the racial demographics of organisations and work towards improving that.

"We'll see if we can come up with regulations that come up with some changes that would be acceptable, but also give CURE the information they want.'' Government Senate leader Milton Scott last night refused to comment on the defeat and referred calls to Mr. Lister. Mr. Lister did not returns calls to The Royal Gazette last night.

However, Government Senator Michael Scott said: "I was disappointed it was voted down by one vote. I thought, based on comments made after lunch, that I was having some success towards turning the Independents towards approving the legislation.'' Senator Jeanette Cannonier said: "We've heard outcry from various stakeholders out there that there's been little if any consultation and that concerns me. Government make a great issue about transparency and the need to consult.'' Senator Oughton said: "I felt that from my discussions that the bill was passed in the House of Assembly, and it was after that event that the Minister undertook to discuss it with the international companies division and the hotels and so on.

"As the leader of the Opposition said, he was hoping they might have hung onto it and come back with it later after they had a chance to have feedback from these people. It's unfortunate the way it went, but it's one of those things.'' DISCRIMINATION DIS