Progressive Labour Party MP Dr. Ewart Brown yesterday hit out at a decision by the Speaker of the House of Assembly to forbid him a vote in a motion that would have allowed him to remain in Parliament -- and keep his US passport.

Dr. Brown -- MP for Warwick West since 1993 -- was speaking after a marathon session in the House ended with a 16-15 vote against a ban on MPs who have sworn allegiance to a foreign power.

He insisted: "The Speaker made a mistake in not allowing me to vote -- and I hope he admits that later on.'' And he pointed out that Government backbencher Maxwell Burgess and former Premier Sir John Swan -- who are involved with a firm trying to open a McDonald's burger restaurant in Bermuda -- were allowed to vote on a motion to ban foreign franchises.

Speaker Ernest DeCouto ruled that Dr. Brown could not vote because of a regulation barring MPs from being counted if a motion has a direct or financial interest involving them.

But Dr. Brown said: "Sir John Swan and Maxwell Burgess had a financial interest in that vote -- I had no financial interest in this.

"And the Speaker erroneously said I admitted I was in violation of the Constitution -- I never did that. I admitted I swore allegiance, that's all.'' But Dr. Brown vowed to continue the fight to keep his seat and his dual Bermudian/American nationality.

He said the PLP were looking into getting an opinion from the UK Government on his precise standing -- and he did not rule out taking the matter to the Privy Council.

Dr. Brown said: "It's a possibility -- but we are still fresh from the debate in the House. I will have to get together with Leader Jennifer Smith and the people who have been working on this.'' He added Premier Pamela Gordon had mentioned one option which may be open to him -- applying for naturalisation.

Dr. Brown said: "I thought the strongest naturalising event was birth, but if there is a way I can become a full Bermudian, which I thought I was, if there is a process which can render me eligible, I'll do it.'' The vote followed a legal opinion from a top UK Queen's Counsel and constitution obtained by former United Bermuda Party MP and ex-Premier Sir John Sharpe -- beaten by Dr. Brown by a handful of votes in the 1993 General Election.

Michael Beloff QC said Dr. Brown could face prison or a fine for taking his seat -- but only if he knew what he had done.

Bermudian-born Dr. Brown, who lived and worked in the US for more than 20 years, took US nationality in 1990. He returned to his homeland in 1992.

Dr. Brown has always insisted that he was aware of the problem clause in the Constitution -- but said he had consulted a lawyer when doubts were raised over his eligibility in 1995 and been told there was no problem.

Introducing the motion, Shadow Labour and Home Affairs Minister Alex Scott said foreign-born status Bermudians with dual citizenship could sit in the House and Senate -- and did.

But Government insists there is a world of difference between a person born overseas -- but who have chosen to take an oath of loyalty to the Crown -- and a Bermudian-born adult who voluntarily opts to swear allegiance to a foreign flag.