Human Rights Commissioners were split on whether or not to reject two complaints about radio remarks made by Senator David Burch in which he referred to Opposition United Bermuda Party supporters as ?house niggers?. has learned that three of the 12-strong commission disagreed with the decision not to take action against the Works and Engineering and Housing Minister in relation to the comments he made on a live radio broadcast last year before he was re-appointed as a Government Minister.

The Human Rights Commission considered the complaints, one of which came from UBP Shadow Finance Minister Patricia Gordon-Pamplin, before announcing on Tuesday that it could not act upon the comment within the current Human Rights Act.

Deputy Chairperson Maryanne Scott explained that each of the 12 commissioners receives an individual copy of complaints and studies that before the 12 meet to make a decision.

Technical officers assist with background information as it relates to the Act but do not issue recommendations, leaving it up to commissioners to decide whether to accept or reject a complaint, said Mrs. Scott.

She said that while the language used by Sen. Burch went against the spirit of the Act it did not breach code in the relevant section.

Mrs. Scott added the comment had ?not helped in the eradication of racism and we don?t endorse people using this language but there is nothing in our legislation at the moment that allows us to act upon it?.