Day 105 - 16 Mar 95 - Page 36
1 Directives because they have an EC licence".
2
3 MR. JUSTICE BELL: This is comment at the end of the day, not in
4 the middle of cross-examination.
5
6 MR. RAMPTON: I merely asked witnesses whether it is EC
7 approved. I do not give evidence.
8
9 MS. STEEL: That is completely meaningless.
10
11 MR. JUSTICE BELL: Why tell me now?
12
13 MS. STEEL: Because Mr. Rampton is objecting to what we are
14 asking about.
15
16 MR. JUSTICE BELL: I ask both sides not to rise to the challenge
17 about that. There is a time and place for putting
18 arguments and it is not during the cross-examination of the
19 witnesses. Try and elicit the ground which you think you
20 need to base your argument. That you think you have by
21 reason of asking the questions about whether the detention
22 of condemned rooms are chilled or not.
23
24 At some stage, at least, try and get a look at a textbook
25 on European law because if you are going to rely upon
26 breach of directives, it will be well to know, and for me
27 to know -- I will have to do some looking up myself -- just
28 what their impact is. I make it quite clear that I am not
29 an expert on European law and I will probably need some
30 help in relation to that.
31
32 MR. RAMPTON: Nor am I at the moment.
33
34 MR. JUSTICE BELL: We all have to do a bit of learning.
35
36 MR. MORRIS: Can I just finish on that subject?
37 (To the witness): On that subject, then, the OVSs that, as
38 I understand it, are there to represent MAFF effectively,
39 is that correct?
40 A. Represent the enforcement authority which I know as
41 local authority, yes.
42
43 Q. So for seven years they tolerated a situation which was
44 against the requirements whether, they are statutory or
45 not, of the MAFF?
46 A. Could we take both points separately, statutory and
47 non-statutory. I think it is important to distinguish
48 between them.
49
50 Q. It is a requirement though, you said it was a requirement?
51 A. The law has been more or less continually changing, and
52 certainly the recommendations have been changing over the
53 past seven years. So that my understanding would be that
54 MAFF, who do issue the licence whilst they do not
55 administer the day-to-day hygiene procedures, which is by
56 the local authority, in issuing licences invariably over
57 this period of change have issued them subject to certain
58 works being carried out on an agreed work plan. That is
59 not, in my opinion, to say that a plant ought not to have a
60 licence because the authority cannot apply the health mark.
