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Dáil Éireann debate -
Thursday, 12 Nov 1936

Vol. 64 No. 3

Lay Assistants and Junior Assistant Mistresses in National Schools. - Proposal to Grant Pensions.

I move:—

That the Dáil is of opinion that pensions should be awarded as from April 1st, 1934, to all lay assistants and junior assistant mistresses in national schools who retired from the service of the Department between April 1st, 1922, and March 31st, 1934, and who, had the present regulations been then in force, would have been entitled to the award of a pension on their retiral."

More in sorrow than in anger do I return to this subject which has been debated in one form or another on many occasions in this House. In order that the memory of Deputies may be refreshed on this matter, because on many matters of importance unfortunately all of us have sometimes very short memories, it will be necessary to go over some ground, and I propose to ask Deputies to listen to the circumstances which have made it necessary for this House to discuss a motion of this kind. I want to take the mind of the House back to 1920, when, following an agreement between the British Treasury, the National Board and the Irish National Teachers Organisation, a substantially improved scale of salaries for national teachers was instituted. On the making of that agreement there was a definite undertaking given that in the following year an improved pensions scheme would be provided, and that included in that pension scheme would be the classes who are the subject of the motion down for discussion this evening, namely, junior assistant mistresses and convent teachers. When the time came for the redemption of that promise in 1921, circumstances had arisen that will be within the recollection of the House, which made it impossible for that arrangement to be made. The teachers, in this part of the country and the part of the country that has since been termed Northern Ireland, were told they would have to go to their respective Governments for the fulfilment of this promise.

In 1923 the Northern Ireland Government passed an Education Act and the convent teachers and junior assistant mistresses were provided with their pension rights under that Act. Nothing was done in this part of the country at that time and, indeed, so far as a certain limited number of convent teachers and junior assistant mistresses are concerned, nothing has been done up to the present. We hear frequently criticisms of the Northern Government with regard to certain matters and even recently with regard to educational questions in which the majority of us in this country are concerned, because of the faith which we profess, but at least this tribute can be paid to the Northern Government, that all the convent teachers in the North of Ireland obtained justice under the Education Act of 1923. From that period and on various occasions subsequently, agitation for the inclusion of convent teachers and junior assistant mistresses within the ambit of a pensions scheme in Saorstát Eireann, has been proceeding. I do not think that at any time the justice of the claim was denied. There were various difficulties or official delays from time to time and such delays or difficulties bring us along some years when the whole question of teachers' pensions came under official consideration for settlement. In 1926 the then Minister for Education agreed to make an investigation into the state of the Pension Fund, before any new classes were taken on, and later he stated in reply to questions addressed to him by the general secretary of the Irish National Teachers' Organisation, who was then a member of the House, that the delay, incurred in the making of the investigation I have referred to, would not prejudice in any way the claims of the convent teachers and junior assistant mistresses to pensions. The obvious meaning of that statement was that when the investigation was completed payment of pensions would be made to the persons concerned and that that would have retrospective effect.

In 1933 and 1934 certain reductions were made in salaries of national teachers in this country and the question that arose round about that time took the shape of an offer from the Department to have the whole pension question settled on a certain basis. The settlement of that question involved further sacrifices from the teachers, but the settlement was made and from the 1st April, 1934, junior assistant mistresses and convent teachers were, to a certain number and a certain extent, brought within the scope of the scheme. From the time I have mentioned as the period when the Government of Saorstát Eireann was set up, up to April, 1934, quite a number of the persons whom I have referred to had for one reason or another ceased to occupy their positions. The age limit in a number of cases, or incapacity for some reason or another, caused a certain number of teachers to drop out. The fact that no provision has yet been made for such people is the reason for this motion this evening.

Now, I want to try to give the House the most accurate information that I have as to the number of persons for whom this motion seeks to provide. From a communication which I received from the Minister on the 3rd October, 1934, it would appear that the total number of teachers then outside the scope of the scheme was 65, because the Minister in that communication states that in one class there were 49 such teachers and in another class 16. That will enable the House to realise that, if this motion is accepted by the Minister and agreed to by the House, the amount of money necessary to finance the scheme will not be very great. I think the most important principle involved in this matter is that of doing justice to a number of people who were definitely promised that certain concessions would be made to them and who have not had such concessions made up to the present. I am aware that in the cases of some of the persons concerned very considerable hardship has been their lot in recent years, and I know of some really pathetic cases concerning which I think the Minister can be quite easily convinced that there is need of the doing of tardy justice in the way of bringing them within the scope of the scheme.

I mentioned the number of 65 teachers, but it might very well be— and I think it is more than likely— that that number has been considerably reduced, probably through death, since that figure was made available, and I think that it would be perpetrating a very severe injustice to allow a small number of resigned teachers, in the position to which I have referred, to just dwindle away one by one without rendering them some justice. We are met in this House, in connection with motions of this kind—motions raising a similar principle—with the argument that the cost involved would preclude the application of the principles we press. Surely, however, that argument cannot be raised in this particular connection where the amount involved is really only a very small sum. I base my case on the fact that, as far back as 1920, the teachers concerned were definitely promised that this would be done. I have reminded the House that in 1926, when investigations were being made by the then Minister for Education, the then Minister stated that the prolonged nature of the investigation would not prejudice the claims of the persons concerned in any degree, and I think this House ought to endorse the principle that the teachers, who resigned for one reason or another during the period that intervened before a scheme of pensions for convent teachers and junior assistant mistresses was put into force, ought to have justice done to their claims.

I do not want to make any comparisons, but the members of this House are aware that, even recently, legislation was passed in this House to remove certain hardships that were inflicted on certain people in the course of the last few years. It is no reflection on these people to say that a great many of them—some of them, at any rate—appear to have been in possession of happy homes and considerable means. This is a motion dealing with people who have no means and who, in many cases—in some cases that I know of personally—are living just above the poverty line. I do not think that this House will be guilty of assenting to the continuation of an injustice that has been inflicted on such people. They do not ask that their pensions should be made retrospective over a longer period than is provided for in this motion, and I think the demand is really a very reasonable one. One can very easily understand, over a long period of service, the hope and expectation with which all the people concerned looked forward to the advent of a pensions scheme, and I am sure the Minister and many of us in this quarter and in other quarters of the House have met some of these poor old people in recent years who have been disappointed and who are still hoping against hope that in the evening of their days—an evening that is rapidly closing in on them—something may be done for them. It is true that in some cases they are able to obtain the old age pension, but I submit that the provision of the old age pension in their cases, after the special and meritorious service they gave for many years, is not adequately meeting the case.

I feel that this is a matter on which I could talk at very much greater length and still would be able to find things that would be interesting to say. However, I do not think that is necessary. This case has been discussed in one form or another pretty frequently in the House, and I feel that Deputies on all sides of the House have got the facts pretty well fixed in their minds. I would urge on and plead with the Minister, whether by way of acceptance of this motion or by any other means he thinks fit, to bring the few dozen people who are outside the scope of the scheme, within it. The most penurious person in this country will not complain of the Minister's action in that matter, and I feel that if the Minister does so he will be able to lay claim to doing a belated act of justice to a very deserving section in the community who are, generally speaking, in very poor circumstances and whose hearts have been sickened by the hope deferred that has centred around this whole business for a number of years. I believe the Minister will give some indication, before this debate concludes, of his desire to have this matter closed. It is not the kind of thing that ought to crop up here from time to time. It is not a big financial issue, but there is the important issue raised in it of doing justice to people who have long-waited for that act of justice. I commend the motion to the House and to the very sympathetic consideration of the Minister for Education.

In rising to second the motion standing in Deputy Murphy's name, Sir, I do not think it will be necessary for me to delay the House to any great extent, because Deputy Murphy has gone very carefully over the ground, and, with a moderation in keeping with Deputy Murphy's general attitude in this House, he has not attempted to over-portray the picture one bit. He has clearly indicated the history of this unfortunate transaction and has pointed out the hardships of those poor people who, during the years they have been out of the service, have all the time been buoyed up with the hope of the redemption of the promise made to them so many years past. They were encouraged in that hope by seeing the realisation of the hopes of their colleagues in Northern Ireland when the Government there thought fit to redeem their promise in 1923. Eventually they saw their colleagues on this side of the Border coming into the settlement in 1934 and surely it was not much for them to expect—in view of their sadly depleted numbers and the lesser number of years that could be expected to remain to them in accordance with life's allotted span—that the State would honourably meet their demands. I am sure, as Deputy Murphy has stated, that the Minister must be very sympathetic towards those teachers who have given honourable service under conditions which do not compare even with the conditions available now to teachers similarly engaged. In the days when they were doing the best of their work, neither fully qualified teachers nor junior assistant mistresses were paid a sum by any means commensurate with the service they were giving to the nation. Having regard to the miserable pittances then paid, it is all the more deplorable that some provision should not be made for them other than waiting to qualify for the old-age pension or some similar State charity. I feel that there is not a Deputy in the House, nor anybody in the country represented by those Deputies, irrespective of Party, who would not feel heartily glad if the Minister could see his way to accept this motion, or to indicate that he will take such steps by some other means as will remove those grievances once and for all by ensuring that those people will get this little pension. I would appeal to the Minister to give sympathetic consideration to this motion, and to try to place those people on an equitable footing in the closing stages of their lives.

Cuidighim leis an rún so agus deinim acfuinne ar an Aire géilleadh dhó. Tá aithne agam ar mhúinteóirí a chaith ós cionn dhá scór blian ag múineadh agus tá siad anois go beo bocht ag faire ar an lá ar a mbeidh siad i ndan pinsin seanaoise do tharrach. Is dó liom gur náireach an sgeal é sin. Thug na mná san a saoil agus a sláinnte ar mhaithe le oideachas na tire seo agus is suarach an mhaise orra bheith anois sa chaoi sin. Níl acht beagán diobh beo—ní bheadh acht dá scór—agus, da bhri sin, iarraim ar an Aire glaca leis an rún.

I should like to add a word or two in an appeal to the Minister to accept the position as put to him in a very reasonable way by Deputy Murphy. I think it would be to the credit of the Minister to recognise the agreement that was entered into some years ago, and to do what has already been done by the Government of Northern Ireland. The people referred to in Deputy Murphy's motion spent the best years of their lives working here for a low standard of remuneration. As pointed out by Deputy Murphy, one would expect that they would have received better treatment from a native Government. The liability that the Minister is asked to accept is only of a temporary nature. In a few years' time the necessity for the payment will have disappeared. The charge on the Exchequer will be comparatively small; one might say small, without using the word "comparatively." I do suggest to the Minister that he ought to take his courage in his hands, and deal sympathetically with this matter. After all he will be doing only what to my mind he is in honour bound to do in view of the fact that an agreement was entered into some years ago, and, as I said before, has already been honoured by the Government of Northern Ireland. One would expect that the Government here would honour an agreement of that kind before it was honoured by the Government of Northern Ireland. I confidently recommend to the Minister the case made by Deputy Murphy, and I hope for an acceptance of the position as outlined by him.

I regret that I cannot accept this motion. In saying that, I hope Deputies will realise that I am quite anxious that every reasonable effort should be made to meet the cases of hardship which arise in connection with pension schemes. But the House has to bear in mind that a pension scheme dates from a particular date in a particular year, and all the persons who are in the appropriate service on that date come under the pension scheme. If we are to go back beyond that date and make the scheme retrospective in respect of persons who had left the service before the date on which the pension scheme came into operation, where are we going to stop? In this motion the suggestion is that we should go back to 1922. If we are to go back to 1922, or to any other year before 1934, then obviously we would have to do the same thing for the persons who came in under the scheme in 1934, if they had service during the years before 1934 which Deputy Murphy now seeks to bring in retrospectively under the pension scheme. A pension scheme is not a perfect instrument. We have had several examples in connection with the Secondary Teachers' Superannuation Scheme where the scheme had to be amended or was to meet hard cases even though these hard cases were few in number.

In this particular case a very important principle is being raised which must have very serious financial consequences. The motion, if it were to be accepted by the House and by the Government, simply means that, in effect, we are scrapping the pension scheme that we introduced in 1934 and the duty is being cast upon us of bringing in another scheme which will give pensions to a class of persons who had left the service. In the first place that would require legislation. The Minister for Education would have to be empowered by new legislation because he has not power under existing legislation to bring in now under the Teachers' Superannuation Scheme persons who were not included when the scheme was brought into operation. I think, however, that the House will recognise that this principle of retrospectively bringing into a scheme persons who were not in it at first is a very dangerous principle. Apart from the financial consequences and the fact that other persons in connection with the same scheme would demand further benefit, it obviously raises the whole question of ante-dating such schemes for persons in special circumstances or for persons who may have suffered special hardships. We have to recognise in connection with any scheme that certain persons will have to be omitted because they have not sufficient length of service. You will always have excluded from pensions schemes persons who did not have sufficient service, or persons who left the service previously or who for some other reason did not fulfil the requirements of the scheme.

The position in regard to this class is that when we introduced the superannuation scheme in 1934 we met the teachers' representatives and they asked us to consider these persons. The Minister for Finance and myself went into the question at the time; we could not see how we could reasonably be expected to do what was asked or how, in fact, it was practicable to bring in under the scheme persons who had already left the service. Besides, the number was small. At any rate, we went into the question in 1934 and examined it because we had given a promise to the teachers that we would do so. We came to a decision on it then and we cannot now change our attitude about bringing in a number of unknown persons about whom we had very little information—persons who had left the service. We found that we could not take upon ourselves the responsibility of bringing them into the scheme. The position would be different if we had only a certain number of persons, or a certain class, about whom we had full information. We found we were not able to cover the case of these particular teachers at that time and we decided that, unfortunately, they would have to be excluded.

The House will see from the wording of the motion some of the difficulties that would arise, administratively, if we were to take up this work of granting pensions to teachers who had left the service long ago. Deputy Murphy asserts that it would be quite easy to accomplish this, for the Government, he says, knows all those teachers who retired from the service of the Department between the 1st April, 1922, and the 31st March, 1934, and who, were the present regulation in force, would be entitled to be awarded pensions. Anybody who has any experience of pension schemes will know that with the most benevolent administration there would be very considerable difficulty, as has happened in another connection, in the Department in ascertaining who were or who were not, in fact, incapacitated at some date in the past. How are we going to decide at this juncture as to Mary Smith, who resigned from the service in 1924, 1926, 1928 or 1930, the nature of her incapacity, or whether if the scheme could be ante-dated in this fashion, she could legitimately be brought into it on that ground?

Deputy Murphy has given certain figures. If there were 65 genuine cases in respect of which it was clear that they were exactly on a par with those who came into the scheme in 1934, I would say that he had made a reasonably good case. But that is not the position. The position is that the great majority of these 65 persons resigned before the age of 60. Presumably, they had resigned on the grounds of incapacity or disability. We have no means of knowing who these persons were or whether they are alive or dead; and we do not know what the nature of their incapacity was. But we know that, at any rate, they were insured as contributors under the National Health Insurance Acts. To that extent, they drew disablement benefit. They would have received, in disablement benefit, substantially the same sum as they would have got by way of pension. The amount they would receive would on the average be the same as they would receive under the pension scheme. Their pension would have been a small one. However that may be, with regard to these cases, we have no information. We could get in the Education Office a list of the persons who left the service between the 1st April, 1922, and the 31st March, 1934. But we have no means of finding out their present circumstances and we certainly have no means of ascertaining the circumstances under which they left the service.

Has not the Minister all the facts as to their retirement in his office? What the Minister says as to ascertaining the nature of their disablement cannot be so because the record of every teacher who retires is in the Education Office. The difficulty the Minister raises cannot therefore obtain.

I do not know whether they are alive or dead at the present time. If we were to bring them in under this scheme—a thing that is quite impossible—we have no means of checking the question of their disability or incapacity at the time of their retirement.

I disagree with that statement entirely. Any person who retires from the service has to give reasons why he retired and a record of that is kept in the Education Office. The statement that the Education, Office has no knowledge as to the nature of their disability or as to why they resigned, cannot be supported or maintained.

If we are to examine the case of these persons as applicants for pensions, we have no means of ascertaining whether they were really disabled in the medical sense and whether they would, in fact, fulfil the conditions of such a scheme at the time.

I challenge that statement.

The Deputy may challenge it if he wishes. With regard to the teachers concerned, I pointed out that the vast majority of them retired before they were 60 years of age. We believe that a large proportion of these had short teaching service. As against what Deputy Breathnach has stated we believe that there is the difficulty of knowing whether they were incapacitated or not. A number of them retired at 60 years or over. In the case of junior assistant mistresses the number was only eight and as four of these were married women there are really only four as far as we knew over 60 years of age who, having left the service, were not entitled to pensions. With regard to lay assistants, there were only four cases of those who retired at 60 or over who may be without a pension, if still alive. Of the eight who retired at that age four seem to have got pensions from the nuns. These monastery teachers were paid by the nuns and they were not entitled to pensions until our scheme came in in 1934. The position in certain cases was that they received pensions from the nuns, but whether that was the general practice or not I cannot say. I know that in some cases they received reasonably good pensions.

In very few cases.

The position was that no pensions were available otherwise. At that time these teachers were paid by the nuns, and it would seem that, as the State refused to take the liability, some liability, moral, at any rate, rested upon their employers. I believe that has been discharged in some cases. I have no information to show whether it was discharged in all cases or not. When the 1934 Superannuation Scheme was introduced we imposed a cut of 5 per cent. on the capitation grant given to these schools, and as part of the set-off we took over the pension liability for a class of teacher that up to that was dependent on the employers, as they then were, to grant them a pension or not. I cannot agree, therefore, that a good case has been made out that the Government should introduce legislation to deal with this matter. It was gone into in 1934. Undoubtedly in a small number of cases we have not been able to get accurate information to say that they had teaching service that would enable them to be put on a par with teachers entitled under the present scheme. In fact there are only very scanty particulars available. The number of cases of teachers in this class who were 60 years or over, and who retired without pensions, is very small. The latest figures I have about the junior assistant mistresses are that 11 who were 60 years or over retired between 1922 and 1934, six of whom were married women. As regards lay assistants in convent schools, there were eight, four of whom were pensioned by the nuns. If we assume that the others are in the very bad circumstances that have been suggested, that would mean that there could not be more than nine, according to my estimation, who were 60 years or over. The House should recognise that there will be individual cases of hardship in connection with any pension scheme. You start from a particular date and you include all the persons who were in the service then. There is no means of going back to include persons who left the service before that date unless you recast the whole scheme. The Government is not prepared to do that. We examined the question in 1934 and our information is not any more full now than it was then. Our information is not any fuller about the cases in question than it was then. Even if it was I do not think it is a principle the Government will be prepared to accept, that they should take the responsibility of recasting the scheme as that would amount to ante-dating the whole thing back to 1922. In these circumstances you will have people who feel that had they remained a few years longer in the service they would have got pensions, but who unfortunately have not got them.

If we are to spend the time of the Dáil trying to legislate for these special cases of hardship, all our time would be taken up with that kind of legislation. Since I became Minister for Education I tried my best, when it seemed clear that some of these teachers through various circumstances were not as efficient as they might be, to keep them on, knowing that if the teachers' pensions fund question were settled there was a likelihood that they would be brought under the scheme. We brought in 2,500 in all. That is forgotten. They were never under the pension scheme before, and in addition we gave them two-thirds of their back service. We cannot be blamed if there are still a few hard cases. I did my best to get any cases brought under my notice, even though they were not satisfactory from our point of view, kept on in the service. That was the most I could do until such time as there was a pension scheme under which they could get pensions.

Mr. Murphy

I think there will be general agreement that the Minister's statement has been extremely disappointing. One wonders at the line of reasoning adopted by the Minister in this connection, because his arguments, in view of certain comparisons and analogies, are not convincing. The Minister sees something particularly odious in making any retrospective provision here. When discussing military service pensions did we not make retrospective provision? I do not grudge doing so. Some men I remember were fortunate enough to get very substantial arrears. I do not know if the Minister was in the House when we were discussing a Bill to provide pensions for certain Dáil Court judges who, at most, had one or two years' service, and one of whom was so well off that he was able to refuse a pension. The House settled the pensions for the officials concerned there with one, two or three years' service, but we are told that there is something particularly wrong in making a case for people, some of whom gave 20, 30 and 40 years' service to the State.

Forty-five years.

Mr. Murphy

I have one case that I can prove, that of a woman living in the same town as myself, who was 70 years of age. A sympathetic inspector overlooked the fact that she should have retired previously, and she now exists on a pension of 6/-a week. The Minister talked about legislating for particularly hard cases. That comes very strangely from the Minister, because on the question of the grievances of national school teachers he was very vocal some years ago, and very much more liberal in his declarations.

The Minister is rapidly becoming more conservative, and one could not have a more conservative speech from a Tory Minister than that to which we have just listened. The Minister says that he has no power to deal with hard cases, but should not there be power to deal with hard cases in this or in any other country? I submit that the power of this or any other Assembly to deal with hard cases is the highest function that it has to discharge. I make no apology whatever for coming here to make a plea for hard cases. I have been doing that every day that I have been associated with public life in this country, and will continue to do it. I see nothing wrong or unfair in making a case for the people that I have referred to. The Minister spoke of this common body of teachers. That was an unworthy statement to make in this House. I have rarely heard a more unworthy statement than that— this unknown and unidentified body of teachers that the Minister cannot trace. Surely, the Minister ought to give the members of this House credit for more intelligence than the making of such a statement as that would appear to warrant.

There are, as Deputy Breathnach has reminded the Minister, records in his Department from which every single one of the teachers concerned in the motion can be traced. I say, positively and definitely to the Minister, that the number involved is between 40 and 50, and that the extreme limit of the financial provision needed for them would be £1,000 a year. That is the burden that the Government will not face. I consider that the Minister's approach to this whole question is entirely unworthy and unfair to the people concerned, and I feel that, no matter what decision is come to on this matter to-night, the agitation on behalf of the persons concerned must go on, and that efforts will have to be made in the future to see that justice is done to them. To the knowledge of Deputy Breathnach and other members of the House, there is an old lady who has been haunting Deputies in connection with this particular matter. She has had 27 or 28 years' service in this City of Dublin. Her name is well known to Deputy Breathnach and to other members of the House. That old lady and people like her are to be told because, forsooth, they represent a few hard cases, that nothing is going to be done for them. I refuse to accept the Minister's decision as the decision of this House, and whatever the outcome is going to be I want the House as a whole to decide it.

Motion put.
The Dáil divided: Tá, 25; Níl, 44.

  • Breathnach, Cormac.
  • Burke, Patrick.
  • Corish, Richard.
  • Davin, William.
  • Davitt, Robert Emmet.
  • Dillon, James M.
  • Doyle, Peadar S.
  • Fagan, Charles.
  • Finlay, John.
  • Keating, John.
  • Keyes, Michael.
  • MacDermot, Frank.
  • MacEoin, Seán.
  • Mulcahy, Richard.
  • Murphy, James Edward.
  • Murphy, Timothy Joseph.
  • O'Donovan, Timothy Joseph.
  • O'Higgins, Thomas Francis.
  • O'Leary, Daniel.
  • O'Mahony, The.
  • O'Reilly, John Joseph.
  • O'Sullivan, Gearóid.
  • Pattison, James P.
  • Rice, Vincent.
  • Rogers, Patrick James.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Boland, Gerald.
  • Brady, Brian.
  • Brady, Seán.
  • Concannon, Helena.
  • Crowley, Timothy.
  • Doherty, Hugh.
  • Flynn, John.
  • Flynn, Stephen.
  • Fogarty, Andrew.
  • Geoghegan, James.
  • Gibbons, Seán.
  • Goulding, John.
  • Harris, Thomas.
  • Houlihan, Patrick.
  • Kehoe, Patrick.
  • Kelly, Thomas.
  • Kilroy, Michael.
  • Lemass, Seán F.
  • Little, Patrick John.
  • Lynch, James B.
  • McEllistrim, Thomas.
  • Maguire, Ben.
  • Moore, Séamus.
  • Murphy, Patrick Stephen.
  • Neilan, Martin.
  • O Briain, Donnchadh.
  • O'Grady, Seán.
  • O Ceallaigh, Seán T.
  • O'Reilly, Matthew.
  • Pearse, Margaret Mary.
  • Rice, Edward.
  • Ruttledge, Patrick Joseph.
  • Ryan, James.
  • Ryan, Martin.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Victory, James.
  • Walsh, Richard.
  • Ward, Francis C.
Tellers:—Tá: Deputies Keyes and Corish; Níl: Deputies Little and Smith.
Motion declared lost.
The Dáil adjourned at 9.5 p.m. until Wednesday, 18th November, at 3 p.m.
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