Day 111 - 30 Mar 95 - Page 43


     
     1
     2   Q.   So Mr. Bennett was wrong about saying that the plant could
     3        receive a derogation for ---
     4        A.  It could receive ----.
     5
     6   Q.   -- and still be able to export?
     7        A.  Yes, it could not receive a derogation, definitely not,
     8        but it could receive, how would you say, now I have lost
     9        the word in English ----
    10
    11   MR. JUSTICE BELL:  Think about it and try to explain again what
    12        you -----
    13        A.  They could put in the licensing documents.  They could
    14        put a condition that this plant can be licensed for EC, but
    15        it needs to have a chill detained room, and we expect to it
    16        be built within such a such a time limit.
    17
    18   Q.   I understand that.
    19        A.  That is not a derogation.  That is part of licensing.
    20
    21   Q.   What do you mean by "derogation"?
    22        A.  There is a temporary Derogation Directive given by the
    23        EC.  It was given in 1991.
    24
    25   Q.   Have we got any of these provisions?
    26
    27   MR. RAMPTON:  Your Lordship did ask some time ago -- this is a
    28        matter of law; it is not a matter of witnesses' evidence --
    29        that the evidence of fact given by Mr. Bennett was that he
    30        thought that they had some kind of dispensation,
    31        derogation, moratorium, call it what you like.  Whether it
    32        is correct, as a matter of law, they were allowed to do
    33        that, or the wicked people from MAFF should not have
    34        approved it or what, I do not know, but that is a matter of
    35        law for your Lordship and this witness cannot help.
    36
    37   MR. MORRIS:  Of course, Mr. Bennett does not know because that
    38        is hearsay anyway.  (To the witness):  OK, in your opinion
    39        then, do you think that the lack of a detained room, a
    40        chilling and detained room and condemned room, should have
    41        been allowed to have continued or enabled, should that have
    42        been a reason for not having an EC licence?
    43        A.  No, I do not think it should have been a reason for not
    44        giving an EC licence, but obviously they should have, as
    45        far as I understand.  I again have to refer to all the
    46        documents from the past operations that I have to go
    47        through before I started working and in those documents it
    48        was clear that the refrigeration of the condemned room had
    49        been demanded for a long time, but it had not happened.
    50 
    51   MR. JUSTICE BELL:  The only reason I ask whether we have the 
    52        Regulations is that I have been told from time to time that 
    53        there is such a provision in such a schedule of the
    54        Regulations and so on.  If you are going to rely on that,
    55        then at some stage I would like you to direct me to the
    56        particular Regulation and where the provision is.
    57
    58        What you have to do is separate in your own mind evidence
    59        such as:  "There is not a chilled room and I think, in my
    60        view, this is unsatisfactory for this reason and that

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