Day 011 - 12 Jul 94 - Page 61


     
     1        conference approved a protocol.  The point was made this
              morning that until the protocol, for example, in the
     2        United Kingdom is laid before Parliament it actually has
              no legal status.
     3
         Q.   But the writing was on the wall as far as CFC production,
     4        certainly from 30th April 1987?
 
     5   MR. JUSTICE BELL:  Well, it is not ----
 
     6   MR. MORRIS:  It seemed to be.
 
     7   MR. JUSTICE BELL:  -- a freeze on CFC production which might be
              thought to mean that there would be no more production.
     8        From what is written there and what the provenance of the
              information in the article is, I do not know, it is a
     9        freeze on CFC production at 1986 levels?
              A.  Yes.
    10
         MR. MORRIS:  Yes, but it was clear that there was worldwide
    11        concern to take some action?
              A.  There had been worldwide concern ever since Farman's
    12        measurement in the Antarctic were published.
 
    13   Q.   Which was in?
              A.  1985.
    14
         Q.   Just one further paragraph at the bottom of the second
    15        column, the middle column "Prospects of international CFC
              controls also raise grave concerns for US users.'If
    16        enacted now, a ban or limit on CFCs could be a disaster
              for our industry', McKirdy said at the SPI press
    17        conference."
 
    18        So, in your experience, I do not know how much contact you
              have with industry, was the industry lobbying the
    19        governmental and scientific establishments to protect its
              production, right to produce?
    20        A.  To the best of my knowledge, none of the people who
              were involved in the United Kingdom Stratospheric Ozone
    21        Review Group were being lobbied to alter the testimony
              that, effectively, formed the report.  In other words,
    22        they were using what was their best scientific judgment at
              the time as to what was happening.  That report was then
    23        made to the United Kingdom government.  It is then a
              political decision of the government as to what use it
    24        chooses to make of the scientific evidence available at
              the time.
    25
         Q.   But we have heard earlier on this morning that Dupont 
    26        scientists were pioneering research into HCFC, or CFC-22 
              as they then were, as a replacement.  What kind of 
    27        influence do the scientists connected with the industry
              have in the scientific community as a whole?
    28
         MR. JUSTICE BELL:  We had better keep it specific, had we not,
    29        because, presumably, it varies from industry to industry
              and situation to situation.
    30
         MR. MORRIS:  In particular process then.

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