British Foreign Secretary Jack Straw will be forced to make a decision on Bermuda's new Chief Justice as Government and Governor Sir John Vereker are at loggerheads over the post, The Royal Gazette can reveal.

The Governor has recommended former Puisne Judge Richard Ground for the position while Premier Alex Scott wants it to go to naturalised Bermudian Norma Wade-Miller, the Premier confirmed last night.

As a result of Government's strong opposition to Sir John's suggestion, Mr. Straw will be forced to make the final decision, the Premier said.

Mr.Scott and the Governor will be in London next week for a meeting of Overseas Territories' leaders and Governors, where they are likely to meet Mr. Straw over the thorny issue.

“The Governor said he would be referring the matter to the Foreign Secretary when we made a representation and he said it was a decision he was not prepared to take in Bermuda,” Mr. Scott told The Royal Gazette last night.

“We've certainly made our feelings known to the Governor, and in writing to Ocerseas Territories Minister Bill Rammell, and in writing to the Foreign Secretary and I have been made to believe that based on the strength of our submissions, that may be why there has not been a decision so far.

“And we can anticipate it will be brought up when we go over there.”

The Governor broke with tradition by setting up a panel in Bermuda to review the selection process to replace Chief Justice Austin Ward.

“I took great exception to the establishment of the panel and I felt it usurped the consultation process set out within the Constitution,” Mr. Scott told The Royal Gazette.

“I felt it was outside of the spirit if not the letter of the Constitution.

“Because the UK government now appreciates the strength of our feeling about having a qualified Bermudian in the post, that probably is going to be the occasion when the UK can make a decision, and we can only hope that we will come back with something that the majority of Bermudians want - a qualified Bermudian in the post.”

But Mr.Scott said, despite the deadlock over the issue of the Chief Justice, he still has a good relationship with Sir John.

“I would not want the wrong impression to go out,” he said. “We have differences of opinion with Government House from time to time. But when we do disagree at no time do we become disagreable.

“The relationship between the Governor and myself is very cordial and he appreciates me almost like an Englishman and we enjoy a cup of tea.

“But we do represent our positions frankly and openly, and it is refreshing that there are no issues that we don't talk about because we feel there may be disagreement.

“We have an open and honest discussion about issues that cuts through diplomacy and goes clear to it.

“I think we've got a good working relationship but I would leave it to the Governor as to how he characterises it.”

The appointment of a new Chief Justice is the latest in a series of incidents which have raised tension between Government House and the Cabinet Office.

Earlier in the summer, Mr. Scott said he was worried about London exerting greater influence over the running of Bermuda, but then said he had been reassured following a meeting with Mr. Rammell, who said the Island was very well governed.

But the unease flared again last month when Sir John warned that, due to international developments, Britain would have a greater role in Bermuda's internal affairs.

He said it was a “changing relationship” but if it was managed well, there should be no problems.

Yesterday, Deputy Governor Nick Carter continued to be coy about whether Sir John had actually made a recommendation to Mr. Rammell.

He said: “He may well have provided a steer. You can take that as a recommendation if you want, but I can't confirm if he has made a recommendation.”

A highly placed source told The Royal Gazette however: “Vereker wants Ground (currently acting as Chief Justice in Turks and Caicos) because he has commercial law experience but that isn't a qualification for being Chief Justice. Alex Scott is absolutely seething about this and will challenge this to the top”.

Bermuda Public Service Union general secretary Edward Ball has urged Bermudians to kick up a storm if Mrs Wade Miller does not get the job, saying it would fly in the face of the message that talented and qualified Bermudians will eventually got the top posts.