A review of Work Permit Term Limits will be considered by Cabinet early next month.

Minister of Labour, Home Affairs and Housing Senator David Burch yesterday confirmed Government is to reconsider its policy, based on information from employers and the views of Government's legal team.

Speaking in the Senate yesterday, Sen. Burch said: "I have met with all the alphabet employer groups and gave them an undertaking in January 2008 that we would review the policy based on new information that they provided, most recently a Bermuda Employers Council commissioned report on Bermuda's National Workforce.

"Additionally, we sought an opinion from the Attorney General's Chambers. All of that information comprised the review which we anticipate concluding by month's end."

He said any change in policy would be decided by Cabinet, with the results of the review to be announced to the House of Assembly in November.

"Term Limits are not a Ministerial decision but a Government one – so any change in the policy requires Cabinet approval" said Sen. Burch. "I expect to report the Ministry position to Cabinet early in October and then on an association by association basis consulting with stakeholders.

"I anticipate providing a further report on this matter when Parliament returns in November."

However, the Minister did not comment on whether any changes in policy were likely. What he did say was he will this week write to employers to clarify Government's position on Term Limits.

"There seems to be a general concern amongst many about the Term Limit policy, specifically: is it necessary; is the policy being applied consistently; and whether the effects of the policy are damaging to the business community," said Sen. Burch.

Describing recent comments by some 'groups' as "particularly worrying", Sen. Burch said one had claimed Term Limit extensions and exemptions were "not being conducted in a consistent manner, making it difficult for employers to manage the concept".

Another unnamed group had said "the policy is destabilising to Bermuda", causing "uncertainty for senior staff" and making "recruiting far more difficult".

"I take those concerns seriously, and, as a result, I have decided to write to employers to clarify the position on Term Limits and explain the process by which applications are reviewed. Those letters will be in the post this week," said Sen. Burch.

"It is indeed critical to calm concerns when we are now operating in a global environment affected by an economic downturn."

He added: "I cannot stress enough Government's willingness to work with business in partnership – but that partnership cannot be via industry ultimatums to Government through the media. We do not presume to tell businesses how to manage and it is insulting for them to tell Government how to govern."

The Minister explained the Work Permit Term Limits policy aimed to cut down on the number of long-term residents seeking permanent residence in Bermuda.

Addressing the accusation the policy was being implemented inconsistently, he said: "I want to assure you that nothing could be further from the truth.

"I have taken great pains to ensure that we are dealing with applications in the same categories within each industry consistently. I have ensured that once a decision is made about a job category, then the rationale is applied to all jobs in the same category and industry.

"However, sometimes, I have to review applications on an individual basis where I believe that a specific employer may need additional time to replace the relevant work permit holder or that employer finds himself or herself in a situation where it is critical to have a specific employee complete a certain project.

"I would hope that this is not viewed as inconsistency but as flexibility which is available to any employer who can make a cogent case as to why he or she requires additional time."

The Minister said: "Government recognises that companies must have continuity and stability, therefore waivers have been granted to persons who are in senior management and are in the categories that have been identified.

"However, I have to balance these approvals with ensuring that qualified Bermudians at all levels are given the opportunity to reach their highest potential and that glass ceilings are not created by the granting of waivers from Term Limits."

Sen. Burch added: "This policy is not designed to threaten business or to make it more difficult, and I refute completely the suggestion that it does."

The Bermuda Employers' Council and the Bermuda Hotel Association yesterday issued this joint statement: "We are pleased that the Minister sought to clarify his Ministry's current position on the Term Limit policy and expressed his desire to continue to work in partnership with stakeholder organisations to ensure the prosperity of Bermuda's economy.

"We are thankful for the opportunity, along with our colleagues in ABIC, to have had input into this complex situation. We have worked closely with the Minister and Government generally and will continue to do so. Vital information has been shared with Government that we believe will help to inform debate and decision-making.

"This information includes the results of the Bermuda Employers' Council's National Workforce study which will be made public in due course but at this time is still the subject of private discussion with Government ministers.

"We can assure our members and the general public that dialogue with Government on important workplace and economic issues remains an ongoing fact and we are grateful to the Minister for his receptiveness to our concerns. We will continue to work with Minister Burch, and other ministers, towards the mutual aim of securing Bermuda's economy by keeping us ahead of the competition in an ever-challenging global economy."

Bradley Kading, President and Executive Director of the Association of Bermuda Insurers and Reinsurers (ABIR), said: "We applaud the comments by Sen. David Burch with regard to his outreach on the government's term limits policy.

"His statement underscores his government's views on the original purpose for the term limits policy. We understand that and do not disagree with that purpose. Minister Burch has proven to be an effective organiser and leader for the Ministry of Labour, Home Affairs and Housing.

"His efforts to clean up work permit backlogs and expedite approvals has been universally welcomed by the business community. Minister Burch also notes his willingness to communicate and work with the international insurance sector on effective management of the policy. We know he will and we look forward to that continuing dialogue."

And David Ezekiel, President of the Association of Bermuda International Companies (ABIC), said: "ABIC welcomes Minister Burch's statement which affords us a real opportunity to have a constructive dialogue on the complex term limits issue.

"He has brought real leadership and efficiency in management of the Ministry and we look forward to working with him on some policy matters under the term limits umbrella. We also welcome the Minister's affirmation of Government's commitment to support international business and we look forward to an ongoing partnership."