Day 124 - 10 May 95 - Page 36


     
     1   MR. MORRIS:  Right.
     2
     3   MR. JUSTICE BELL:  Put it another way:  If, indeed, it is
     4        relevant, whether they would welcome their attention being
     5        drawn to any possible adverse environmental effects
     6        concerned with their business.  Put it that way, you see.
     7
     8        It also begs the question as to whether the education comes
     9        from pressure groups or from what government has put out or
    10        from one's enquiries and what one reads.  I am not going to
    11        assume in this case that an advance comes as a result of
    12        any one of those three possible sources, or some other
    13        source, unless the evidence is quite clear on it.  My own
    14        experience is they often move together.
    15
    16   MR. MORRIS (To the witness):  As the court has heard, the HCFC,
    17        or it used to be called CFC-22, I believe ---
    18
    19   MR. RAMPTON:  No, I do not think so.  It was always called
    20        HCFC-22.
    21
    22   MS. STEEL:  No, it was not, it was called CFC-22.
    23
    24   MR. MORRIS:  -- as the court has heard, is still damaging to the
    25        ozone layer and it is still being used by the McDonald's
    26        Corporation eight years, or something, seven years, after
    27        the controversy of whatever kind in the late 80s and 17
    28        years, 16 years, after the US government banned their use
    29        in aerosol sprays, so that would be CFCs, but it is still a
    30        related concern.  So why are they doing it?  Why do you
    31        tolerate it if you care so much about the environment?
    32
    33   MR. RAMPTON:  My Lord, I do not believe that is a proper
    34        question.
    35
    36   MR. JUSTICE BELL:  It is a statement of assertion of your
    37        construction of the evidence which, at the end of the day,
    38        may or may not be accurate ---
    39
    40   MR. RAMPTON:  Quite.
    41
    42   MR. JUSTICE BELL:  -- followed by a question of the witness
    43        without even asking him whether he knows about these
    44        things.
    45
    46   MR. MORRIS:  You know that some parts of your empire, or your
    47        system, or your family, are still using HCFC blowing
    48        agents, do you not, in their polystyrene foam packaging?
    49        A.  I do not consider myself to be knowledgeable on that
    50        subject.  I do not know all the countries that may use 
    51        styrofoam packaging.  Yes, I am aware of a few countries 
    52        that use styrofoam packaging. 
    53
    54   Q.   Right, so despite the knowledge and the education that the
    55        Corporation has had, why is it still continuing to be used?
    56        A.  Well, your point of view is that it is damaging to the
    57        environment.  I think that is yet to be determined.
    58        I think there is certainly, you know, a group on one side
    59        of that argument and there is, you know, a group on the
    60        other side of that argument.

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