Day 141 - 23 Jun 95 - Page 12


     
     1        is part of the agreement that you have access to all the
     2        information that they collect?
     3
     4   MR. JUSTICE BELL:  Mr. Morris, if all you are asking is if they
     5        still have the report and McDonald's asked for it now,
     6        would they give it to McDonald's, the answer, in my view at
     7        the moment, subject to anything Mr. Rampton wants to say,
     8        is "yes" -- because if I, as a barrister, wrote an opinion
     9        for a firm of solicitors and they were wise enough to go
    10        and lose my opinion afterwards and then misguided enough to
    11        ask me for a copy of it a year later, of course I would
    12        provide them with one.
    13
    14        Leave it there.  Comment in due course, and I will make
    15        whatever of it seems sensible in due course, if, having
    16        heard your arguments and Mr. Rampton's, I think it will aid
    17        me towards a decision in the case.
    18
    19   MR. MORRIS:  I cannot remember what the pleading for the
    20        Canary Islands matter was.  It was an amendment that
    21        Mr. Atkinson wanted in.
    22
    23   MR. RAMPTON:  My Lord, it is number XIII, so far as I am aware.
    24
    25   MR. MORRIS:  Thank you very much.
    26
    27   MR. RAMPTON:  1993.
    28
    29   MR. MORRIS:  If we can go also to document 35 in the Defendants'
    30        Supplementary List of documents.  I do not know what colour
    31        it is.  It will be kingfisher blue, as well.
    32
    33   MR. JUSTICE BELL:  No. 2, volume 2.
    34
    35   THE WITNESS:  You want me to turn to which tab?
    36
    37   MR. MORRIS:  It is 35.  While you are checking it, I will say it
    38        is from the Ministry of Labour, Canary Islands, in 1993.
    39        This document is all in Spanish, but it says in the top
    40        left-hand corner: "Ministerio de Trabajo Y Seguridad
    41        Social" -- Ministry of Labour and Social Security?
    42        A.  Yes.
    43
    44   Q.   It has inspection, workers' inspection?
    45        A.  OK.
    46
    47   Q.   I will read out what it says in the pleadings:
    48
    49        "In 1993 Las Palmas, Canary Islands, following a trade
    50        union campaign, the McDonald's Playa del Ingles store was 
    51        fined 13 million pesetas and closed down by the 
    52        authorities.  This was a result of the practice of paying 
    53        staff 'trainees', their wages being fraudulently being
    54        subsidised by the state.  The stores were inspected by the
    55        Ministry of Works, Social Security, on or around 13.5.93,
    56        8.7.93."
    57
    58        Did you look into this situation?
    59        A.  Did I personally look into it?  Did I personally go
    60        there?

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