Day 038 - 19 Oct 94 - Page 23


     
     1        see fit to ask for further information, it is often not
     2        possible to know, from where I am standing, which compounds
     3        they are reviewing or what data they have available.
     4
     5        That is not always the case.  Sometimes they do publish
     6        interim reports, but typically reports are only available
     7        once they have reached their final decision.  So, it is
     8        only possible to know what data they have been looking at
     9        once they have reached their decision.  Indeed, in some
    10        cases, I believe, that where a compound is not permitted,
    11        no reports -- it may then happen that a report is not
    12        published at all.
    13
    14   MS. STEEL:   Can I clarify or ask you to clarify -- sorry, I am
    15        actually getting a bit confused.  Where you were talking
    16        about secrecy being so comprehensive that you could not do
    17        an evaluation -----
    18
    19   MR. JUSTICE BELL:  I think that was just that you were not able
    20        to get enough information to form your own evaluation; is
    21        that what you meant?
    22        A.  Can I give an example?  An artificial sweetener called
    23        Acesulfame-K was permitted on to the British market in the
    24        early 80s -----
    25
    26   Q.   You can keep it fairly short.  Is it just that you could
    27        not get sufficient information yourself to evaluate the
    28        appropriate body's judgment on it?
    29        A.  Yes, and I could not get it because it simply is not in
    30        the public domain.
    31
    32   MS. STEEL:   But does that just relate to the manufacturer of
    33        the product or does that relate to testing as well?
    34        A.  No, it refers to the testing.  This does not apply to
    35        any of the compounds at stake in these proceedings; the
    36        problem of secrecy applies to others.
    37
    38   MR. JUSTICE BELL:  Do all the compounds with which we are
    39        concerned fall into one or other of the categories which
    40        you divided, the 299 and then later the 419?
    41        A.  Yes, they all fall into those categories.
    42
    43   Q.   Do they all fall into the same category or do they fall
    44        into different categories?
    45        A.  They fall into different categories.  I would not say
    46        secrecy was particularly a problem in relation to any of
    47        those, with, perhaps, the exception of amaranth where, for
    48        example, as I recall, in giving his evidence Professor
    49        Walker indicated that he had privileged access to some
    50        recent toxicological data which I have not yet been able to 
    51        see.  But I have otherwise ----- 
    52 
    53   Q.   If you come to the individual compounds it might help if
    54        you (and it will only take one sentence) tell me which
    55        category you say they fall into ----
    56        A.  Fine.
    57
    58   Q.   -- at the end of the day because, although it may be
    59        necessary to look at the modus operandi of these bodies in
    60        order to make such decisions that I have to in this case,

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