APPENDIX 37
Letter from the Head of Corporate Affairs
Gallaher Group Plc to the Clerk of the Committee (TB 8G)
Thank you for your letter of 17 February 2000.
Immediately following receipt of your letter,
I instructed our lawyers Simmons & Simmons to consider the
most appropriate way of providing you with documents in an electronically
readable form. You will appreciate from my letter of 10 January
2000 that, from their review of our files up to 1995, Simmons
& Simmons identified approximately 3.2 million pages of paper
which might, in the broadest sense, be potentially relevant to
issues that have arisen or might in the future arise in smoking
and health litigation.
Having regard to the terms of reference of the
Health Committee's inquiry and the need to comply, with your request,
so far as we are able, within the timetable that you have set,
Simmons & Simmons will be delivering 16 CD roms to your offices
containing the Gallaher documents that were provided by Leigh,
Day & Co prior to the abandonment of that litigation by Mr
Day's clients. At that point in time, the process of producing
CD roms containing copies of the documents in Gallaher's disclosure
lists was not complete. As a consequence, the CD roms that Simmons
& Simmons will deliver will not include all the documents
listed in the ring binders sent to you on 10 January 2000. Nevertheless,
the categories of material contained on those CDs will include
documents relating to the scientific knowledge of respiratory
illnesses, chemical and biological testing of tobacco smoke and
tobacco, nicotine and addiction, human smoking behaviour, machine
smoking methods and Gallaher's relationship with Government.
You will, of course, understand that the documents
provided to Leigh, Day & Co were provided for litigation purposes.
As a consequence, the CDs delivered to Leigh, Day & Co were
encrypted with special software to reduce the risk of inadvertant
disclosure if, for instance, they were left on a train by an expert
witness. Given the problems that you would experience in seeking
to access and use the necessary software to read the encrypted
CDs, Simmons & Simmons is arranging for a set of non-encrypted
CDs to be produced for your use. All that will be required to
review the documents will be software capable of reading images
in a "tiff" format, such as WangImage, which I am told
is bundled with Windows98. Simmons & Simmons anticipates being
able to complete the technical work necessary to complete the
task by 1 March 2000. If, however, unexpected technical difficulties
are experienced, they will deliver what they can by that date
and will provide the balance of the CD roms to you as soon as
practicable thereafter.
In your letter, you also make reference to the
confirmation Mr Wilson provided to the Health Committee that Gallaher
was prepared to put onto the Internet those documents that a claimant
pursuing smoking and health litigation against Gallaher would
be entitled to access. Please note that Mr Wilson asked me to
establish a project team to undertake the work necessary to create
a Gallaher website containing those materials. That website will
be launched when the necessary work has been undertaken and will
contain broader categories of documents than those which were
responsive to the issues and timescale of the Leigh, Day litigation.
I trust that this reconfirmation of Gallaher's position will satisfy
the Health Committee that Gallaher is proceeding to take the steps
necessary to establish a website to give effect to the commitment
Mr Wilson provided to the Health Committee. I also trust that
the materials that Gallaher is arranging to be delivered to your
offices will satisfy the Health Committee's request for evidence,
having regard to the terms of its inquiry.
25 February 2000
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