Day 158 - 19 Jul 95 - Page 55
1 Mr. Monbiot or Mr. Shane, to assert that 80 tonnes used in
2 1983 had had or could have had any lasting effect on the
3 Brazilian environment, whether directly or indirectly.
4
5 But, my Lord, so far as the more substantial question, does
6 McDonald's continuing operation in Brazil have an effect on
7 the environment is concerned, put as your Lordship put it
8 just now, makes me think that, in fact, most of today has
9 been wasted, because I am not in the least concerned to
10 oppose amendments just for the sake of opposing them.
11
12 I only oppose amendments if I think that they are (a)
13 unmeritorious and (b), which I regard in the context of
14 this case as absolutely essential, that they are going to
15 lead to an unnecessary expenditure of time and money.
16
17 If it be the case that an amendment of this kind has the
18 effect that your Lordship says it has, it does not give
19 rise to any argument about power over documents and hence
20 about discovery, then I am not really frightfully bothered.
21
22 MR. JUSTICE BELL: Yes, you see, what I am turning my mind to is
23 the very last piece of Mr. Morris' amended amendment which
24 is cattle ranching outside the Amazon is the principal
25 movement of peasants into the Amazon.
26
27 MR. RAMPTON: Yes. I mean, as a general statement, I have no
28 objection to that. What I am concerned is that in due
29 course -- certainly not this term but at some time in
30 October perhaps when I am getting ready to call rain forest
31 evidence -- my people are going to be forced to go to Sao
32 Paulo and scratch through dusty old files to see if they
33 can identify, for example, the annual quantities of beef
34 bought by Braslo from each of those places over the last 15
35 or 20 years. That is what terrifies me.
36
37 That does not mean that I resile in any way from my
38 objections to the pleading, but the reason that I make the
39 objections is that I foresee that kind of application for
40 discovery being made.
41
42 Of course, I have the fall-back position (which I hope your
43 Lordship would think correct) that that kind of discovery,
44 given the broad, general inferential nature of this plea,
45 was wholly unnecessary for the fair disposal of the action
46 or, indeed, for the saving of McDonald's costs, but
47 I really would not want to have to get embarked on that if
48 I can help it.
49
50 There again, I mean, that is the basis of my objection to
51 the second part of paragraph 2. I do not mind, Mr. Morris
52 can say it until he is blue in the face, that he does not
53 believe that the McKey balance sheet beef is the only time
54 it happened. That does not worry me in the very
55 slightest. The only question is whether what he says has
56 any persuasive quality at all. But if we have to go
57 trawling through all the files of all the subsidiaries
58 everywhere in the world to see whether they ever did
59 anything like that, then, frankly, I think I would commit
60 suicide.
