The Opposition has challenged Finance Minister Paula Cox to justify a decision to have Customs treat official correspondence sent to Premier Dr. Ewart Brown as diplomatic mail.

But former United Bermuda Party Premier Sir John Swan said last night he saw no problem with the new procedure since "Premiers, like Presidents, have privileged positions".

The Ministry of Finance confirmed in a statement on Sunday that Customs officers have been told not to open Dr. Brown's official post unless he or a representative is present — in line with protocol for foreign diplomats based in Bermuda.

The statement followed stories in The Royal Gazette revealing that not all officers who received the instructions were willing to follow them and that several former Premiers were not afforded the same treatment.

Dr. Brown spoke to Customs officers about the issue at a meeting earlier this month, when he allegedly told them he didn't appreciate packages sent to him or his wife being opened.

United Bermuda Party leader Kim Swan yesterday urged Ms Cox to clarify whether she approved "this special treatment".

"One of the foundations of democracy is the rule of law for all, no exceptions," he said. "News (that) the Premier has carved out a special exemption from Customs inspections of his mail runs counter to this vital principle.

"It is not just the fact that he browbeat Customs into giving him something akin to diplomatic status but also that he intimidated Customs officials when he learned his mail had been inspected, as they had done for all his predecessors.

"Our view of this totally unnecessary controversy is that we cannot have one set of rules for Dr. Brown and another set of rules for everyone else."

Mr. Swan continued: "We have to question Finance Minister Paula Cox's role since the Finance Minister is responsible for setting policy for HM Customs.

"Has the Minister established a policy that the Premier or any of her colleagues will be treated by Customs differently than past premiers and past members of Cabinet?

"We would like to know who made the policy that the Premier's mail could only be opened in his presence. Did the Minister of Finance approve this special treatment?"

Sir John told this newspaper his mail was subject to Customs searches when he led the country from 1982 to 1995 but he added: "I really, quite frankly, think that was a different time. I think we have to deal with the times now.

"Premiers, like presidents, have privileged positions. I think what's needed is an explanation as to why his mail would be opened.

"He might get some documents that are of a confidential nature about some transaction that comes through the FedEx system and nobody should see that. It doesn't have to be government to government (correspondence).

"There should be a process that's understood by the Premier, the Collector of Customs and the public."

It was not possible to reach Ms Cox or anyone on behalf of the Ministry of Finance last night.

A Government House spokesman said last week that any privilege regarding mail extended to a local VIP would be a matter "presumably ... for local legislation or administrative decision".

Bermuda Democratic Alliance leader Craig Cannonier said yesterday: "I believe this situation is clear enough. There is no need for us to respond. It is what it is."