Day 163 - 25 Sep 95 - Page 26


     
     1
     2   MR. MORRIS:  -- then that sort of, I think, covers it.  I have a
     3        feeling there is actually some more references.  I will
     4        have to check up.  Just while we are on these pages, the
     5        thing about on the second side, page 47, right at the
     6        middle, the paragraph that starts:  "At the hearing
     7        executives of McDonald's Corporation", etc. "said they have
     8        never terminated a franchised contract over child labour
     9        law violations, even though there have been violations.
    10        They cited constraints in current franchise laws and terms
    11        of their franchised contracts".  That actually is the very
    12        last point, point No. 12, in our proposed amendments.
    13        I must have another reference for this somewhere.
    14
    15        The actual reference in there about "The Government's
    16        approximate 1,000 labour investigators spent only about
    17        four per cent of their efforts on the enforcement of child
    18        labour laws" I cannot find at the moment, but I will check
    19        that out.  I will look through.  I will come back to that.
    20
    21        If we can then go on to billings?  Sorry, no, the bit at
    22        the bottom about "children being ineligible for workers'
    23        compensation for the most part and have no right to sue for
    24        injuries", on page 34 of the documents which is upside-down
    25        for reasons best known to myself -- let me try to get this
    26        right -- the second paragraph in that upside-down page,
    27        this basically says ----
    28
    29   MR. JUSTICE BELL:  Who is saying this?
    30
    31   MR. MORRIS:  I am trying to find this.  This goes on from page
    32        33 which everybody will be happy to know is also
    33        upside-down -- wait a minute, I am not sure I have this
    34        right.  Yes.  I can hardly read it because I have a staple
    35        in it.  This is a study by the National Workplace Safety
    36        Institute, Report of the United Press International,
    37        September 6th, 1992, a report entitled:  "Sacrificing
    38        America's Youth".  There is a quote from that.  It
    39        concluded, which is over the page on 34:  "Penalties are
    40        seldom imposed for child labour law violations, even the
    41        most serious infractions.  Second", it said, "children are
    42        ineligible for workers' compensation and in most cases have
    43        no right to sue for injuries".
    44
    45   MR. JUSTICE BELL:  Where are you going to get evidence of that
    46        from McDonald's?
    47
    48   MR. MORRIS:  I suppose that is a matter of law really on
    49        when -----
    50 
    51   MR. JUSTICE BELL:  You see, what it seems to me you are saying 
    52        at the moment is you say you have a reasonable prospect or 
    53        some prospect of getting evidence of this, but it is not
    54        going to come from you, it is going to come from McDonald's
    55         -- if it comes at all.
    56
    57   MR. MORRIS:  I think in this case this is one which is a matter
    58        of law, presumably McDonald's know the law, but I do not
    59        really know the laws.
    60

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