Day 182 - 02 Nov 95 - Page 25


     
     1
     2   MR. MORRIS:  The finding, you are not making a ruling based
     3        upon, this is -----
     4
     5   MR. JUSTICE BELL:  Then how does it help me in relation to this
     6        case?  Unless I am going to accept that what you want
     7        translated into English is, in fact, Norwegian law, how
     8        does it help me?
     9
    10   MR. MORRIS:  The point is here we have the law employment
    11        regulations official booklet.  We can get an English
    12        version of it.  If it saves time now, then if we can get a
    13        supplementary statement, a Civil Evidence Act Notice, from
    14        Mr. Jenssen when he goes back to Norway enclosing English
    15        translations ------
    16
    17   MR. JUSTICE BELL:  The way round this is that you will have an
    18        opportunity when Mr. Jenssen comes out of the witness box
    19        for him to translate for you the particular regulation
    20        which can be identified.  Get that done, identify the
    21        regulation, write a very short letter to Barlow Lyde and
    22        Gilbert saying:  "It is our case that according to
    23        regulation such and such", and then set out what the
    24        regulation says, "are you prepared to accept that this is
    25        so?" and then let me see what the answer is.
    26
    27        That may be a simple route into getting the matter in,
    28        because I would expect them to respond by saying:  "Yes, we
    29        agree that is so", or "No, the position is such and such".
    30        You do not have to be a mind reader to see I would not be
    31        terribly impressed if there was just: "We do not propose to
    32        comment" or there is no answer at all.  I do not suppose
    33        for a moment that will happen, but what I cannot do is just
    34        ride a coach and horses through the technical position.
    35
    36   MR. MORRIS:  Right.  On this subject anyway, Mr. Holm has
    37        accepted ------
    38
    39   MR. JUSTICE BELL:  I mean, I agree with you, on the face of it,
    40        Mr. Holm's paragraph is contradictory anyway.  What I might
    41        be more interested in is any hard evidence as to the extent
    42        of late working by people under age.  Do not forget that
    43        your case is that this is just one part (and it may be a
    44        small part) in a jigsaw.  The picture of the jigsaw,
    45        overall picture of the jigsaw, being, you say, that with a
    46        very large proportion of young people employed by
    47        McDonald's it is inevitable that some will work later than
    48        they should and, do not forget, I do not know what
    49        conclusion I will draw on that, but the Norwegian
    50        experience, whatever it is, is just another piece in what 
    51        you will say to me at the end of the day is the complete 
    52        jigsaw. 
    53
    54   MR. MORRIS:  Yes, if it is any help anyway, it is appendix B in
    55        those documents and it is -----
    56
    57   MR. JUSTICE BELL:  I suggest -----
    58
    59   MR. MORRIS:  I am just referring the court to it, but we will
    60        get it translated.

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