Day 047 - 07 Nov 94 - Page 38


     
     1        auspices of the NTF to provide a better understanding of
     2        the complex mechanisms relevant to food selection and
     3        advertising", et cetera, et cetera.
     4
     5   MR. MORRIS:  So are they saying that the first position, if you
     6        like, that they quote in the previous paragraph, that they
     7        are not convinced by that at this stage, because more
     8        research is needed to see if it is----
     9        A.  Yes.
    10
    11   MR. JUSTICE BELL:  I can read what it says, can I not?  I think
    12        there is a danger in looking at something which is
    13        expressed in perfectly clear English and then suggesting
    14        what it means in different words which, with every respect
    15        to you, thinking on your feet, may be given less
    16        consideration than the no doubt careful drafting of this
    17        letter of introduction.
    18
    19        (To the witness)  Tell me if I am wrong, but I would expect
    20        a letter like this, written to the consultees whom have
    21        seen on the list, is very carefully drafted, indeed?
    22        A.  That is correct.
    23
    24   Q.   Read over, changed and amended, until everyone is happy
    25        with the way it expresses itself?
    26        A.  That is so.
    27
    28   MR. MORRIS:  So, in reading that letter, would you say, as
    29        someone who is on the ITC -- is that correct, you are on
    30        the ITC?
    31        A.  On the AAC.
    32
    33   Q.   The AAC -- and this has been based upon -- well, it says,
    34        "These proposals reflects detailed advice from the AAC."
    35        Would you say that you are broadly in agreement with the
    36        points in this letter?  Is there anything in the letter
    37        that you do not agree with, as a summary of what the case
    38        is?
    39        A.  No.  I think the letter is very well expressed in a
    40        balanced way.
    41
    42   Q.   You said that the code as it existed in May 1993 was, you
    43        felt, adequate?
    44        A.  Yes.
    45
    46   Q.   And was that the position of the ISBA?
    47        A.  Yes.  We had no complaints with the existing code.
    48
    49   Q.   So the proposed amendments to the codes and additions to
    50        the codes were not proposals from the ISBA? 
    51        A.  That is correct. 
    52 
    53   Q.   So, in fact, the ITC does not consider that the code was
    54        adequate, even though the ISBA might have felt that?
    55        A.  I think you are placing a wrong interpretation on that.
    56        The ITC has felt that its code is perfectly adequate up to
    57        the moment, but the whole environment in which food
    58        advertising is taking place is changing -- as you have
    59        invited me to agree it is changing, it is changing -- and
    60        so the ITC has decided that it would be appropriate to pull

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