Bermuda's Constitution would be violated by a proposed new law forcing companies to hire and promote blacks, according to lawyer Tim Marshall.

Fining companies $50,000 for blocking the progress of blacks would be discriminative — and therefore ruled unconstitutional in the courts — Mr. Marshall told The Royal Gazette.

Deputy Premier Paula Cox yesterday appeared to agree, telling a press conference the Workforce Equity Act 2007 "goes against the discriminative legislation". Ms Cox stressed the document was only a draft at this stage and could be altered following consultation with the community.

Mr. Marshall, the senior partner of Marshall Diel and Myers told this newspaper: "Bermudians are highly unlikely to be impressed. It would be seen as discriminatory and would be struck down by the courts.

"Government are really, in substance, introducing quotas onto the Island. Most quota legislation in this form has been struck down by the courts on both sides of the Atlantic as unconstitutional.

"When a Government starts to tell and direct employers to hire any particular employee just because of their race, the courts strike it down as being unconstitutional. It does not meet the first principle under Section 12 of the Constitution that you can't discriminate."

He said more appropriate legislation would focus not just on blacks, but other disadvantaged groups such as the Portuguese and women as well.

"They could have encouraged employers to adopt an equal opportunities plan that just doesn't deal with one race, but deals with equal opportunity for anyone in disadvantaged positions," he said.

Earlier this year, Mr. Marshall announced he would run as an independent candidate in Sandys South for the coming General Election.

Yesterday, he said this was no longer the case. He stressed his views were non-political and based on his experience as a Bermudian attorney.

He added that the best way forward would be to reform the Island's failing education system.

"Government is placing the emphasis on businesses," he said. "The real emphasis is on Government to strengthen its education policies. You can't have 50 percent of public education failing and then say they have to employ more people of one race.

"If we are going to take advantage of all the opportunities that exempt businesses provide, then we have to do our very best as a community to encourage a better public school system. Give the kids the tools to take those positions. If you have so many students failing, you are not going to have a large number of percentage of young kids coming through the ranks."

The proposed law is the latest in a string of measures aimed at helping Bermudians into top positions. However, international business representatives have warned that — added to concerns over Bermuda's political climate and work permit problems — it could lead to companies seeking to go elsewhere.

"This might just be the tipping point," said Mr. Marshall. "Bermudians have to think: how far are we going to push this type of legislation which we know is not conducive and attractive to promoting international business? And that's our lifeblood."