Home Affairs Minister Randy Horton told an immigration forum earlier this month the net effect of new term limit policies would see most work permit holders granted leave to stay in Bermuda up to six and not beyond nine years.

Although Mr. Horton, and his predecessor former Minister Terry Lister, have made it clear that work permit term limits would not apply if it was demonstrated that the holder was key to the business' operations, he told the group that would not often be the case.

Mr. Horton walked those in attendance at the forum - which was an invitation only affair held on October 2 for representatives of the member companies of the Bermuda International Business Association (BIBA) - through various elements of the term limits policy that took effect at the end of March. And Mr. Horton added: "Let me reiterate. The vast majority of our guest workers will not fall in the 'key' category - they will be required to leave Bermuda after six or nine years."

The new policies, which were first unveiled in 2001 by then Minister Paula Cox as a way to strike a balance between "the legitimate needs and expectations of Bermudians and the current and emerging needs of the business community", stated there would be shorter-term limits and that the general policy would be to not renew work permits beyond a six-year period.

The policy also stated that were there no qualified Bermudians to fill a post, a company should be prepared to make a compelling argument as to why the person was 'key' and demonstrate that they were a good corporate citizen.

Yesterday BIBA CEO Deborah Middleton said the organisation - which represents some 100 Bermuda companies from various sectors - felt it was important to hold the forum as the issue has been a hot topic in the local business community.

She added that the Minister's comments on term limits had not caused undue concern among BIBA members: "If anything the Scott Government has allayed fears," she said, adding that the current Government - which underwent significant change following the July 24 election - had been "open and candid" in its discussions of the subject.

Although Ms Middleton admitted the topic had caused heated debate before the election, she added: "I feel the intensity (of the debate) is dying, and the interpretation of the policy is still not set in stone with Government in dialogue with the International Business Forum (IBF)."

Ms Middleton added that businesses seemed to understand that an Island of this size will have a limit on how many people it can sustain: "There are some 8,000 work permits, and of that a small percentage are going to be for key employees. But the Minister has made it very clear that he doesn't want to do anything to harm international business here.

"In his speech, he said there would be case by case evaluation, and it is up to the company to make a compelling argument to Government that an employee is pivotal to the business."

Mr. Horton also said in his speech that 'key' did not necessarily mean only top management.

"Key persons can be found at all levels and in all areas of a business and are to be found not only among chief executive officers, chief financial officers and other senior managers. They can be technical, professional, clerical or service as well as managerial staff. It is up to the employer to make the case to the Minister that a particular individual or post is key to the organisation."

And he may have limited concern from the business community when he said: "The Government, recognising Bermuda's status as a premier jurisdiction for international business, is fully committed to ensuring that businesses are able to operate in Bermuda without excessive regulation."

David Ezekiel, head of the Association of Bermuda International Companies (ABIC), which represents some 350 companies with a presence on the Island, said he was not willing to say much until after further consultation with Minister Horton.

"I would rather not comment at this stage, until ABIC has had a chance to sit with the Minister and have a constructive dialogue on the various issues. Any comment before that would simply be guess work," Mr. Ezekiel said.

Michael Morrison, CEO of one of Bermuda's newer insurance companies, Allied World Assurance Company (AWAC), said he felt Government was weighing the needs and concerns of the international business sector in looking at the issue.

"Let me say Randy Horton and Alex Scott - and any Government, no matter what side you butter your bread - is not about to kill the goose that lays these golden eggs," he said, adding: "We are a Bermuda company and we are staying here."

Calls to other members of the business community yesterday on the issue were met by reticence to say much on the matter, including several 'no comment' remarks from the heads of several Bermuda-based companies.