of Assembly against fast food franchises.

For furious United Bermuda Party MP Maxwell Burgess -- with ex-Premier and former UBP MP Sir John Swan, one of the men behind a bid to open a McDonald's in Bermuda -- vowed not to let the matter rest.

He said: "We've got property rights. This matter is unconstitutional. We will pursue this matter relentlessly.

"In some ways it has just begun.'' And the 22-13 vote to ban fast food franchises with a foreign flavour held a few surprises -- Shadow Works and Engineering Minister Stanley Morton split from the rest of the Progressive Labour Party to vote in favour of fast food franchises and against UBP MP Ann Cartwright DeCouto's anti-McDonald's Bill.

But Government Technology and Information Minister John Barritt, Whip Rick Spurling, with new backbenchers Michael Dunkley and Kim Young joined with the United Bermuda Party's rebel five to back the Prohibited Restaurants Bill.

Last night, PLP Leader Jennifer Smith admitted Mr. Morton's vote was "unexpected.'' She added: "Everybody agreed to abide by the consensus.'' She confirmed there was no whip on -- but she refused to rule out disciplinary action against Mr. Morton for breaking what had been a PLP united front. Ms Smith said: "I will think about it -- I haven't thought about it yet.'' Mr. Morton was tight-lipped as he left the House of Assembly's chamber but said: "I voted my conscience.

"I have nothing else to say -- I don't know what's going to happen.'' The rebel five of Mrs. Cartwright DeCouto, Trevor Moniz, CV (Jim) Woolridge, Dr. Clarence Terceira and Dr. David Dyer -- the last three now Government Ministers -- were backed by four Government colleagues.

Mrs. DeCouto said after the vote: "I'm very pleased -- it's been a long haul, a very long haul.'' But she said she would not be counting her chickens until the Senate had debated the bill and it was passed by the Governor. Senate -- which blocked the bill before -- cannot do that again, but the bill must still receive Royal Assent.

She added: "It would be nice if Senate approved it -- Senate now has a slightly different make-up -- but that may be hoping for too much.'' When asked if that was the end of the 21 month row that rocked the UBP, she said: "I have always been in the fold. There never have been any hard feelings.

"What is right is right and what is wrong is wrong. Myself and my colleagues were righting a wrong. What we did was for the sake of the Country and the party.'' MPs say `no' to McDonald's Premier Pamela Gordon said that caucus yesterday morning had sent "a loud and clear message'' that the row must end.

She added: "As the Government, we feel there were differences in reasoning but we also looked at what was in the best interests of the Country.

"As far as we are concerned, it is now officially dead.'' But she added: "Anything else which may come up as a result of this passing is behind this House now. It may possibly become a matter for the Governor or the courts.

"But we have been at this issue five times -- this was a clear indication and one which gave everybody the chance to keep their personal integrity on an issue which is really a public bill brought forward by a private member in the sense that it affects the public.'' Mr. Spurling and Mr. Barritt -- unlike the two new Government members who were not MPs when the earlier vote was held -- changed sides this time around.

Mr. Barritt said his change of heart came about because his former running mate and ex-Premier David Saul said the issue was dead when he appointed three of the five rebels to Cabinet.

He added that canvassing in Devonshire South had shown him his voters were against fast food franchises and he had assured them the controversy was over.

Mr. Barritt said: "I felt I had to vote for the bill because I feel that is the way this will become a dead issue. And circumstances are different from the first time the vote was taken -- it was a free vote.'' Mr. Spurling said that if the issue was prolonged it would be "destructive'' to the party and "something the people of Bermuda would not want.'' He admitted: "I still believe franchises could work -- but I don't want this issue to continue, not just for ourselves as a party, but for Bermuda as a whole.'' Both Ms Young and Mr. Dunkley said they followed loud and clear messages from their constituents to vote for the banning of McDonald's and other similar fast food restaurants.

Sir John Swan -- one of the principals of Grape Bay Ltd. which was last year granted permission by Finance Minister to open a McDonald's -- was not available for comment last night.

RESTARUANT EAT