The proposed redress of the Human Rights Act so that it loses primacy over the immigration Act as proposed by Minister of Home Affairs Walton Brown stirred a little firestorm of criticism from activists who fear the legislation is a step to weaken the effectiveness of the Human Rights Act altogether.

Let me be helpful, if possible. There are already areas that remain exempt from the Human Rights Act such as political parties, unions and parliamentarians who stray from party rule.

Without any luck, I have unsuccessfully resisted those exemptions for years and asked they be repealed.

The argument that this proposed legislation is politically motivated, even if true, has to be weighed in the context of the morality of that motivation.

There may be a good reason to tamper with human rights legislation if the purpose is deemed as beneficial to the community. For example, an affirmative action is a legislative tool that requires exemption or relaxation of the Human Rights Act.

The basis for affirmative action is that in its authorised discrimination it addresses an inequality experienced by a sector of society. Similarly, if as in this case, the minister deems that there needs to be some preference for Bermudians that may necessitate a discriminate choice, it may be politically prudent to have the legislative tool to achieve it.

Here is where tactics are important because it may be possible to achieve the objective without interfering with the Human Rights Act as written.

If the particular circumstances are related to employment and if the matter is not a matter of a universal infringement of a basic right, like that of religion, one could seek suspension of the Human Rights Act over matters of employment for a specified period of time. It would, in fact, be an application for affirmative action in the workplace for Bermudians for a specified period.

That form of tactical position would not change the fundamental primacy of the Human Rights Act, but would allow the sociopolitical objective to be met.

Perhaps when or as the Bill is being prepared, rather than grandstand against the minister’s actions by making the issue of primacy the centrepiece of the debate, maybe shift the debate to meet the social objective, which I believe is meant to give comfort to the many Bermudians who feel displaced in their own country, with a law that is not harsh to foreign workers but clarifies the national priority.