The Government and the Opposition United Bermuda Party (UBP) will butt heads in front of the Broadcast Commissioners at a May 2 hearing to determine whether a recent broadcast by Premier Jennifer Smith was in fact a political broadcast and a regulatory breach.

Commission chairman Tim Marshall confirmed yesterday that the parties had already met with the Commissioners in late March to iron out preliminary issues.

Representing the UBP were Shadow Tourism Minister David Dodwell and Shadow Legislative Affairs Minister John Barritt. On the Government side was the Solicitor General Wilhelm Bourne.

"I would like to believe there would be a decision shortly after (the May 2 hearing)," Mr. Marshall said.

In February, the Premier called for national solidarity and urged Bermudians to make a personal pledge to support the Island in its efforts to resurrect tourism and survive post September 11 global realities.

In her 12 minute speech she also criticised Shadow Tourism Minister David Dodwell, saying he had said that the September 11 attacks on the United States had not impacted on the performance of tourism.

UBP Leader Dr. Grant Gibbons said at the time that the taxpayer should not have to pay the bill if the broadcast was political and he later made a formal request asking the Broadcast Commission to determine whether it was.

He also called on the Premier to withdraw the remarks about Mr. Dodwell, saying they were inappropriate and that she had misrepresented his comments.

The UBP's suspicions that it was a political broadcast were also fuelled by its timing - the day before the Opposition's Reply to the Budget.

"The most important thing is it's dragged on for so long to the point where it could be said it's of historical interest," said Mr. Barritt.

"But there's still a principle involved and the principle is, was this a Government broadcast or a party political broadcast? And whether or not proper procedures were followed. Our position is they weren't followed."

In April 1999, the Broadcast Commissioners ruled against the Government when the UBP asked it to make a ruling on its "First 100 Days" broadcast.

The Commission ruled then that the programme was over the time limit for a Government broadcast, breached a rule on political neutrality and that references to the Opposition came "dangerously close" to breaking the same rule.

It also banned a second scheduled programme from airing that same month and criticised both television stations as well as Government Information Services, which was involved in making the programme for not doing their part in ensuring the rules were followed.