Parliament was last night still defiant after a rap on the knuckles from the Speaker of the House of Assembly.

Speaker Ernest DeCouto put Dr. Ewart Brown on notice for remarks to The Royal Gazette after the Warwick West MP -- who holds a US passport as well as being Bermudian-born -- was banned from voting in a bid to change the Constitution to allow him to sit.

But last night Dr. Brown said: "I accepted his ruling -- I just don't understand how he made it.'' Dr. Brown said in yesterday's Royal Gazette that Mr. DeCouto was wrong in saying that the Shadow Human Affairs Minister had admitted he was in violation of the Constitution.

He said the ban -- based on a rule barring MPs from voting on a motion in which they have a direct or financial interest -- had not been applied fairly.

MP still defiant Dr. Brown pointed out that United Bermuda Party backbencher Maxwell Burgess and ex-Premier and former MP Sir John Swan, whose company Grape Bay Ltd. had applied to open a McDonald's in Bermuda, had not been banned from voting on a bill seeking to prohibit foreign franchise restaurants.

Mr. DeCouto told the House yesterday: "I would like to remind the Honourable Member for Warwick West Dr. Brown that his statement to the media and the public that the Speaker had made a mistake in disallowing him to vote is in breach of Parliamentary privilege in that it shows no respect for the Speaker....

"....The Honourable Member is put on notice, particularly as the Honourable Member is seeking to resolve this matter.'' Dr. Brown said: "I respect the rules of the House, but I believe they should be applied fairly to Members from both parties. I expected to be allowed to vote in the matter. When I wasn't, I was surprised, but it's a done deal.'' The motion, put forward by Shadow Labour and Home Affairs Minister Alex Scott on Wednesday, was defeated by 16 votes to 15.

Mr. Scott said foreign-born status Bermudians with dual citizenship could sit in the House and Senate.

But Goverment insisted there was a difference between someone born overseas -- but who has pledged allegiance to the Crown -- and a Bermudian-born adult who voluntarily opts to swear allegiance to a foreign flag.