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 Header Item Written Answers Nos. 71 - 90
 Header Item Single Payment Scheme Payments
 Header Item Single Payment Scheme Payments
 Header Item Agriculture Scheme Eligibility
 Header Item Agriculture Scheme Payments
 Header Item Agri-Environment Options Scheme Payments
 Header Item Commonage Division
 Header Item Ministerial Transport
 Header Item Ministerial Transport
 Header Item Road Safety
 Header Item Garda Vetting Applications
 Header Item EU Directives
 Header Item Magdalen Laundries
 Header Item Magdalen Laundries
 Header Item Magdalen Laundries
 Header Item Magdalen Laundries
 Header Item Magdalen Laundries

Wednesday, 19 November 2014

Dáil Éireann Debate
Vol. 858 No. 2

First Page Previous Page Page of 73 Next Page Last Page

Written Answers Nos. 71 - 90

Single Payment Scheme Payments

 71. Deputy Michael McCarthy Information on Michael McCarthy Zoom on Michael McCarthy asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney the reason a person (details supplied) in County Cork had their single farm payment reduced; and if he will make a statement on the matter. [44446/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 16 April 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. Satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing inspection.

The inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of these schemes, this resulted in payment under the 2014 Single Farm Payment Scheme being based on the found area having been reduced by double the difference between the area found and the area declared. The person named will be notified of the outcome of the inspection shortly and of the right to seek a review of this decision.

Payment, on the basis set out above, of the advance payment under the 2014 Single Payment Scheme issued to the nominated bank account of the person named on 10 November.

Single Payment Scheme Payments

 72. Deputy Jim Daly Information on Jim Daly Zoom on Jim Daly asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney the reason single farm payment was reduced in respect of a person (details supplied) in County Cork. [44460/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 16 April 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. Satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing inspection.

The inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of these schemes, this resulted in payment under the 2014 Single Farm Payment Scheme being based on the found area having been reduced by double the difference between the area found and the area declared. The person named will be notified of the outcome of the inspection shortly and of the right to seek a review of this decision.

Payment, on the basis set out above, of the advance payment under the 2014 Single Payment Scheme issued to the nominated bank account of the person named on 10 November.

Agriculture Scheme Eligibility

 73. Deputy Tom Fleming Information on Tom Fleming Zoom on Tom Fleming asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney if he will review an application and entitlements for single farm payment, disadvantaged areas aid payment and agri-environment options scheme payments in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [44462/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney The person named submitted a 2014 Single Payment Scheme/Disadvantaged Areas Scheme application on 05 May 2014. Processing of this application has recently been finalised with payment under both schemes due to issue shortly, directly to the nominated bank account of the person named.

  The person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS 2) with effect from 1 September 2011 and full entitlements have issued in respect of the 2011, 2012 and 2013 Scheme years. I expect payments in respect of the 2014 Scheme year to commence before the end of 2014.

Agriculture Scheme Payments

 74. Deputy Seán Kyne Information on Seán Kyne Zoom on Seán Kyne asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney when payments will be made in respect of a person (details supplied) in County Galway in relation to disadvantaged areas scheme and single payment scheme. [44507/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 13 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue.

  The application of the person named was selected for a ground eligibility inspection.

  This inspection has been completed and the results are now being finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Agri-Environment Options Scheme Payments

 75. Deputy Éamon Ó Cuív Information on Éamon Ó Cuív Zoom on Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney when agri-environment options scheme payments for 2014 will issue; and if he will make a statement on the matter. [44508/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney Area-based schemes under the Rural Development Programme 2007-13 are subject to EU Regulations which require detailed administrative checks on all applications, including cross checks with the Land Parcel Identification System, to be completed before payments can issue. These rigorous procedures, together with on-farm inspections, apply to a number of scheme payments including the Agri-environment Options Scheme (AEOS) and are necessary to ensure that applications meet the scheme conditions and cross-compliance requirements.

All checks are now nearing completion and AEOS payments in respect of the 2014 scheme year will commence shortly.

Commonage Division

 76. Deputy Pearse Doherty Information on Pearse Doherty Zoom on Pearse Doherty asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney further to the Joint Committee on Agriculture, Food and the Marine hearing on 4 November 2014 in which a person (details supplied) stated that there was a risk of financial corrections being imposed by the European Commission as a result of commonage under-grazing, the amount of the financial correction measures being imposed by the Commission; when the intention to implement financial correction measures was communicated by the European Commission to the Government; the current number of commonages that are being under-grazed in each county; the methods used by his Department to establish that figure; the specific stocking criteria set down by the Commission in respect of commonages; the method by which this has been communicated to the Irish Government or the legislative basis for same; and if he will make a statement on the matter. [44548/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney Each year farmers in Ireland benefit from funding of over €1.5 billion under Schemes such as the Single Farm Payment Scheme, the Disadvantaged Areas Scheme, the Agri-Environment Schemes, etc. This comprises the entire net income of many thousands of Irish farmers. Following consultation with the EU Commission, as part of the normal Accounting process, my Department was requested to undertake a complete review of the LPIS database. This on-going review is of major significance as the Commission is seeking to disallow €181m of funding to Ireland relating to payments over the past 5 years; this is currently the subject of an Irish appeal to the EU Conciliation Body. The Department was first made aware of this on 14 May 2014 in a written communication from the EU Commission.

The European Commission has an obligation to ensure that Member States manage and use the EU funding granted to them in accordance with the very restrictive provisions governing the Direct Aid Schemes and general financial provisions. All of the lands, including commonages, declared by farmers must be eligible if these lands benefit from payment under one of more or these Schemes. The threatened disallowance relates to all payments in respect of ineligible areas and not just to payments on ineligible commonage areas.

Under the Terms and Conditions of the Direct Aid Schemes, which includes the Single Payment Scheme, farmers are obliged to declare only eligible land when making their applications, and to exclude ineligible features such as roads, buildings, farmyards, dense scrub, etc. Furthermore, farmers are reminded that they should not declare for payment purposes land, which they are no longer farming. It is not sufficient to simply exclude the ineligible features from the declarations submitted; this is because land, which is no longer being farmed and/or is abandoned should also be excluded.

To ensure the eligibility of lands declared, farmers must maintain lands through normal farming practices such as cropping, cutting hay/silage or grazing by animals with an appropriate stocking rate to control invasive species. In the case of commonage lands farmers must therefore ensure that lands are kept adequately grazed in order to ensure that the commonage retains the area eligible for payment.

Commonage lands form a significant area of the lands declared annually by some 14,936 farmers in Ireland for the purposes of claiming under the Direct Aid Schemes, with approximately 7% of the lands declared nationally being commonage lands. 

However, due to reasons such as previous destocking requirements and the age profile of farmers on commonage lands, there is a growing risk of land abandonment on commonages as under-grazing becomes more of a problem.  It is, therefore, the case that the increasing ineligibility of these lands under the Single Payment Scheme and other Direct Payment Schemes poses a significant risk to the State in view of the risk of financial corrections being imposed by the European Commission.

In 2015, all farmers will be strongly urged to ensure that all of the land that they declare is eligible and is farmed by them. The entitlements established under the Basic Payment Scheme will be based on the eligible hectares declared in 2015. In order to protect their payments in the subsequent years, farmers should exclude all ineligible areas from their declarations. In that case, the newly established entitlements will be supported by land which is eligible for payment in order to draw down their full payment entitlement in 2015 and subsequent years.  This would also reduce the risk of further financial corrections in the future.

Ministerial Transport

 77. Deputy Willie O'Dea Information on Willie O'Dea Zoom on Willie O'Dea asked the Minister for Agriculture, Food and the Marine Information on Simon Coveney Zoom on Simon Coveney the ministerial transport costs for the years 2010 to 2013, inclusive, for each Minister and Minister of State in his Department; and if he will make a statement on the matter. [44883/14]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney The ministerial transport costs paid by my Department in respect of the Ministers and Ministers of State in the years 2010, 2011, 2012 and 2013 are set out in the table.

  The costs include travel expenses for use of the Minister of States’ private cars for each year, the use of my private car since March 2011 and pay and subsistence costs associated with staff employed as drivers of the Ministers’ private cars.

  The system for the provision of transport for Ministers changed from the use of official to private cars on the appointment of the Government in March 2011. The average annual cost of providing a State car under the previous administration was €280,000 and this is the basis of the costs associated with former Minister Brendan Smith.   

Minister/Minister of State Year Total Transport Costs
Brendan Smith Minister

( 01/01/2010 -9/3/2011)
2010 €280,000
 2011 €70,000
Trevor Sargent

Minister of State

( 01/01/2010-22 /3/2010 )
20 10 €47,717.38*
Tony Killeen

Minister of State

(01/01/2010 -22/3/2010)
2010



€74,206.20*
Seán Connick

Minister of State

(23/3/2010-9/3/2011)
2010 €67,339.26
 2011 €5,045.94
Simon Coveney, Minister

(From 10/3/2011-
2011 €81,850.21
 2012 €121,646.11
 2013 €115,380.02
Shane McEntee deceased

Minister of State

(10/3/2011 - 21/12/12)




2011




€73,488.69
 2012 €103,372.18
 2013 €21,972.06*
Tom Hayes

Minister of State

( From 5/6/2013-
2013 €61, 882.18
*Includes Severance Pay paid to drivers.

The following revised table was received on 21 January 2015:

Minister/Minister of State Year Total Transport Costs
Brendan Smith Minister

( 01/01/2010 -9/3/2011)
2010 €280,000
 2011 €70,000
Trevor Sargent

Minister of State

( 01/01/2010-22 /3/2010 )
2010 €46,854.04*
Tony Killeen

Minister of State

(01/01/2010 -22/3/2010)
2010



€90,970.24*
Seán Connick

Minister of State

(23/3/2010-9/3/2011)
2010 €76,522.14
 2011 €40,458.46*
Simon Coveney, Minister

(From 10/3/2011-
2011 €81,850.21
 2012 €122,645.69
 2013 €115,380.02
Shane McEntee deceased

Minister of State

(10/3/2011 - 21/12/12)




2011




€73,488.69
 2012 €103,372.18
 2013 €21,972.06*
Tom Hayes

Minister of State

( From 5/6/2013-
2013 €61,882.18
*Includes Severance Pay paid to drivers.

Ministerial Transport

 78. Deputy Willie O'Dea Information on Willie O'Dea Zoom on Willie O'Dea asked the Minister for Defence Information on Simon Coveney Zoom on Simon Coveney the ministerial transport costs for the years 2010 to 2013, inclusive, for each Minister and Minister of State in his Department; and if he will make a statement on the matter. [44887/14]

Minister for Defence (Deputy Simon Coveney): Information on Simon Coveney Zoom on Simon Coveney In 2010, all Government Ministers were provided with a State car that was driven by a member of An Garda Síochána from a pool of Gardaí, two of whom were assigned to the Minister at that time. The cost of this service was funded from the Vote of An Garda Síochána.

  In March 2011 the Government brought in new arrangements in respect of ministerial transport. Under the new arrangements, Ministers could appoint two civilian drivers to drive the Minister’s car and claim mileage in accordance with the Department of Public Expenditure and Reform guidelines.

  As part of the new arrangements the Government agreed that the Minister for Justice and Equality should retain a State car and Garda drivers. As my predecessor was Minister for Justice and Equality and Minister for Defence this arrangement applied to him and all costs associated with his transportation were met from the Vote of An Garda Síochána. All of my transport costs have been borne by the Department of Agriculture, Food and the Marine since my appointment as Minister for Defence.   

  The Government Chief Whip and Minister of State at the Department of the Taoiseach and the Department of Defence, Paul Kehoe T.D., is assigned two civilian drivers who were appointed in May 2011. The costs associated with the drivers since May 2011 is set out below.

Year
No. of drivers
Total Costs

2010
Nil
Nil
2011
2
60,217
2012
2
104,041
2013
2
101,739


Any mileage and car related expenses paid to Minister of State Kehoe are matters for the Department of the Taoiseach.

Road Safety

 79. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald if privately operated speed detection vehicles are allowed under the relevant legislation to park on private property for the purposes of speed detection or if they have to be on the public road; and if she will make a statement on the matter. [44422/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald The Deputy will appreciate that it is not my function as Minister for Justice and Equality to advise on the interpretation of legislation. To be of assistance I have asked the Garda authorities for a report in relation to the selection of sites for the location of safety camera vehicles having regard to the issue raised by the Deputy and I will be in contact with the Deputy when the report is to hand.

Garda Vetting Applications

 80. Deputy Brendan Griffin Information on Brendan Griffin Zoom on Brendan Griffin asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald when a decision is expected on an application for Garda clearance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [44487/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald I am informed by the Garda authorities that no vetting application has been received in respect of the person to whom the Deputy refers. In the circumstances, I can only suggest that the person contacts the registered organisation involved.

EU Directives

 81. Deputy Ciarán Lynch Information on Ciaran Lynch Zoom on Ciaran Lynch asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the preparations that have been made for the implementation of the EU directive on victims; if it is planned to alter the PULSE system prior to implementation; if PULSE will record and monitor racist and hate motivated incidents; if the ethnic origin of victims will be recorded; and if she will make a statement on the matter. [44452/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald As I have stated previously in the House, the Directive, which covers all victims of crime, is due to be implemented by the Member States by the 16th of November 2015. I believe that the provisions of the Victims of Crime Directive will strengthen supports to victims of crime in Ireland. Work is continuing in the Justice system to put appropriate arrangements in place to give effect to the provisions of the Directive.

My Department is drafting legislation to transpose the Directive into Irish law and I expect that the Heads of a Bill will be published early in 2015. It is my intention to have legislation enacted to comply with the Directive by the November, 2015 deadline contained in the Directive.

While the management of the PULSE system is in an operational matter for the Garda authorities, I have sought a report from the Garda Commissioner on the specific issues raised by the Deputy in this regard and will be in touch with him when this report has been received.

Magdalen Laundries

 82. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald if Magdalen laundry survivors' ex gratia scheme applications from within the UK have to go through the Irish Women Survivors Support Network or if they can be made directly to her Department. [44368/14]

 83. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the relationship between her Department and the Irish Women Survivors Support Network in relation to ex gratia scheme applications. [44369/14]

 84. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the way Magdalen laundry survivors' ex gratia scheme applications from within the UK are processed; and if her Department communicates with the survivors directly or through the Irish Women Survivors Support Network. [44370/14]

 85. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the parameters that have been set down for the Irish Women Survivors Support Network with regard to the operation of the Magdalen laundry survivors ex gratia scheme, particularly in relation to establishing duration of stay. [44371/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald I propose to take Questions Nos. 82 to 85, inclusive, together.

The Irish Women Survivors Support Network have no formal role in the ex gratia scheme. All applications are processed by the Department. No parameters have been set down for the Irish Women Survivors Support Network with regard to the operation of the scheme.

I understand that the Irish Women Survivors Support Network do assist some women in the completion of their application forms and in 2 of the 158 cases from women residing in the UK, applicants have authorised the Irish Women Survivors Support Network to deal with correspondence relating to their application on their behalf.

In addition to the above contact, the Irish Women Survivors Support Network were active in campaigning on behalf of women now residing in the UK who had been a Magdalen Laundry and interacted with the Department in that context.

On the 19 February 2013, the Government decided that a payment of €250,000 should be made to the UK based Irish Women Survivors Support Network (IWSSN) to enable them to continue to provide support, advice and assistance to women survivors of Irish institutions including women who were in Magdalen laundries. That payment was made and details announced by the Minister for Justice and Equality in December 2013.

Magdalen Laundries

 86. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the number of Magdalen laundry survivors that have settled for less time than they have claimed for, broken down by country of residence. [44372/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald The processing of all applications starts off on the premise that the testimony of the applicant is correct and my officers processing the application then seek to verify the application by checking appropriate records. If there are records and they are consistent with the application, then an offer is made.

If there is a discrepancy, or in cases where the religious congregations have incomplete or no record for an applicant my officials must carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. The records of the religious congregations are not regarded as decisive, they are just one factor that is taken into consideration.

Each applicant is assessed on an individual basis, by my officials in the Restorative Justice Implementation Unit, taking into account any available records, documents and statements including the applicant's testimony. If the applicant disagrees with the Reviewer's decision she may request an independent review by the Ombudsman's office.

To date, 18 of the 665 applications on which a decision has been made, which is less than 3% have requested their case to be reviewed by the Ombudsman's Office. Of these 18 cases, 2 reside in the UK, 1 in the USA and the remaining cases were from applicants residing in Ireland. To date, the Ombudsman has upheld the decision of my officers in 14 cases and decisions are awaited on the remaining 4 cases.

Magdalen Laundries

 87. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the appeals process in place for UK survivors of Magdalen laundries who have been offered less than they are entitled to, or who have had their applications rejected; and if appeals are processed through the Irish Women Survivors Support Network or directly with her Department/the Ombudsman's office. [44373/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald Each application is assessed on an individual basis, by my officials in the Restorative Justice Implementation Unit, taking into account any available records, documents and statements including the applicant's testimony. If the applicant disagrees with this assessment, regardless of her country of residence, she can, in the first instance, seek a review of her case by a senior officer. If the applicant disagrees with the Reviewer's decision she can request an independent review by the Ombudsman's Office. The Irish Women Survivor’s Support Network have no role in determining appeals although they may provide support to the woman making an appeal.

Magdalen Laundries

 88. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald if she will provide details of the complaints mechanism in place for survivors who have grievances with the Irish Women Survivors Support Network. [44374/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald The Irish Women Survivors Support Network is a UK based, independent, not for profit company limited by guarantee. They provide support, advice and assistance to women survivors of Irish institutions including women who were in Magdalen laundries. Although they may assist women in their applications, they have no formal role in the scheme of benefits for women who were admitted and resided in Magdalen laundries.

If a person has a grievance with that body, he or she should raise the matter directly with the body concerned. The Department of Justice and Equality has no responsibility or role in determining grievances involving that body.

Magdalen Laundries

 89. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the number of Magdalen laundry survivors ex gratia scheme applications received by her Department through the Irish Women Survivors Support Network. [44375/14]

 90. Deputy Mary Lou McDonald Information on Mary Lou McDonald Zoom on Mary Lou McDonald asked the Minister for Justice and Equality Information on Frances Fitzgerald Zoom on Frances Fitzgerald the number of UK Magdalen laundry survivors ex gratia scheme applications that have been received by her Department independently of the Irish Women Survivors Support Network. [44376/14]

Minister for Justice and Equality (Deputy Frances Fitzgerald): Information on Frances Fitzgerald Zoom on Frances Fitzgerald I propose to take Questions Nos. 89 and 90 together.

  158 applications have been received to the Magdalen Laundries Ex Gratia Scheme from women who are now residing in the UK.

  Each application is dealt with on an individual basis and my officials correspond directly with the applicant in all cases except where the applicant specifically authorises another person to act on her behalf.

  I have been informed that, of the 158 applicants in the UK, two have authorised the Irish Women Survivors Support Network to deal with correspondence relating to their application on their behalf.


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