Would-be burger baron Maxwell Burgess is back in the United Bermuda Party fold -- even though his Grape Bay Ltd. is currently locked in a legal battle with Government over McDonald's fast food in Bermuda.

But yesterday Mr. Burgess, lifted into the Home Affairs and Public Safety Ministry in Wednesday's massive reshuffle of Ministries and portfolios, was staying tight-lipped over the long-running fight to open a McDonald's in Bermuda -- a row which split the ruling United Bermuda Party.

He said: "Grape Bay's position is that the matter is sub judice and I have nothing else to say.'' In March, the Attorney General and Grape Bay Ltd. clashed in the Court of Appeal after Grape Bay won a Supreme Court ruling that an anti-fast food act passed by the House of Assembly was unconstitutional.

And in November last year, Mr. Burgess did not rule out suing then-Transport Minister Wayne Furbert to force him to bring an airport lease already granted to Grape Bay Ltd. to the House of Assembly.

Now Mr. Burgess will share a Cabinet table with C.V. (Jim) Woolridge, one of the Rebel Five UBP MPs who combined with the Opposition Progressive Labour Party to push through the anti-fast food franchise Prohibited Restaurants Act.

The other rebels were Ann Cartwright-DeCouto, Trevor Moniz and now-retired lawmakers Clarence Terceira and David Dyer. The three-judge Court of Appeal will rule in June on Attorney General Elliott Mottley's appeal against the earlier Supreme Court decision by Puisne Judge Vincent Meerabux giving McDonald's the go-ahead.

And -- either way -- the losing side is set to take the row to Bermuda's final appeal court, the Privy Council in London.

The saga began when Grape Bay, controlled by ex-UBP Premier and MP Sir John Swan was granted permission to operate a McDonald's by Finance Minister Grant Gibbons in February 1996.

And the five rebels -- already at loggerheads with their party over their anti-Independence stance in 1995 -- went on the warpath again.

But Premier Pamela Gordon -- who called her new team together to explain the changes to the public yesterday -- insisted the on-going row was not an issue.

She said Mr. Burgess joining Cabinet "tells you that Bermuda comes first -- it tells you that the people of Bermuda come first.'' Ms Gordon admitted: "I understand the concerns and I understand the perception, but, obviously, by this Minister's presence, Bermuda comes first.'' She added: "We are a team ready to represent Bermuda and anybody on my team has to put Bermuda first.

"I'm not going to look at past baggage -- this is a team going forward.

Bermuda is the focus.

"Any law suits which sit on the periphery are just that. Peripheral. The people of Bermuda have spoken loud and clear -- put your own personal agendas away.

"As far as I am concerned, this team I have assembled is the team which will work for the people of Bermuda.'' She added later: "I made it clear to everybody who came into the Cabinet that Bermuda had to come first.

"I was aware of Mr. Burgess' difficulty, but he has a lot to offer. This matter is something which is in the courts and we will have to deal with it, but service to the community is far more important.''