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Dáil Éireann debate -
Tuesday, 13 Feb 2001

Vol. 530 No. 3

Order of Business.

The Order of Business today shall be as follows: No. 20, motion re Fourth Protocol to the Treaty of Amsterdam, (Procedures for granting and withdrawing of refugee status) (returned from Committee); No. 21, motion re Referral to Joint Committee of proposed approval of Irish Takeover Panel Act, 1997 (Relevant Company) Regulations, 2001; No. 22, motion re Referral to Joint Committee of proposed approval of International Convention on Oil Pollution Preparedness, Response and Co-operation; No. 23, motion re Referral to Joint Committee of proposed approval of Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter; No. 24, motion re Presentation and Circulation of Revised Estimate for Public Services (Vote 44) and, subject to the agreement of No. 24, it is proposed to take the Revised Estimate (Vote 44); and No. 5, Protection of Employees (Part-Time Work) Bill, 2000 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 20, 21, 22, 23 and 24 shall be decided without debate; any division demanded on No. 24 or on the Revised Estimate (Vote 44) shall be taken forthwith and subject to the agreement of No. 24, the following arrangements shall apply in relation to the Revised Estimate (Vote 44): the proceedings thereon, if not previously concluded, shall be brought to a conclusion within 60 minutes; the speech of a Minister and of the main spokesperson for the Fine Gael Party and the Labour Party shall not exceed ten minutes in each case; the speech of each other Member called upon shall not exceed five minutes; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes. Private Members' Business shall be No. 112, motion re Report of the Ombudsman on Nursing Home Subventions.

On behalf of the Government parties, I join with you, a Leas-Cheann Comhairle, in congratulating and wishing Deputy Noonan well.

There are two proposals to be put to the House. Is the proposal for dealing with Nos. 20, 21, 22, 23 and 24 agreed?

I thank you, a Leas-Cheann Comhairle, and the Taoiseach for your good wishes. Unfortunately, I must start off as Leader of Fine Gael by being disobliging on the Order of Business. I would like to give my reasons for opposing the Order of Business. My predecessor, in accordance with a decision of the Ceann Comhairle, was enabled to raise matters of topical interest every morning on the Order of Business. The Ceann Comhairle withdrew this last week in circumstances I do not fully understand, but I will not make any allegations against him. The Taoiseach now has within his remit the authority to amend Standing Orders in accordance with motion No. 129 on the Order Paper in the name of Deputy Flanagan. This proposes an amendment to Standing Orders to allow what was previously a practice at the discretion of the Ceann Comhairle to be enshrined in Standing Orders so that Deputy Quinn and I would of right be able to raise topical issues each day.

I am a reasonable person and I cannot see any reason Deputy John Bruton, my predecessor, could raise issues of public concern each morning yet I will be disqualified from doing so. I want to raise issues, such as the appalling health service, the lack of opportunity in education and the Government's attempt to buy the next election through corporate donations. I will oppose the Order of Business unless I get a commitment from the Taoiseach that he will accept an amendment along the lines of motion No. 129 on the Order Paper in the name of Deputy Flanagan which will change Standing Orders to allow what was a privilege granted by the Ceann Comhairle to become a right for both Deputy Quinn and me.

For all parties in this Chamber.

I am aware Deputy Noonan was not here last week so I understand his lack of understanding about what happened. For the past number of years the Office of the Ceann Comhairle has allowed the Leader of the Fine Gael Party and the Leader of the Labour Party to raise issues. Although this was not in Standing Orders, I abided by that rule and did not utter an objection.

Nor did any of the Taoiseach's predecessors. The Taoiseach keeps saying he is the only one to do that. That is not true.

I ask the Deputy to resume his seat. The Taoiseach is on his feet speaking.

It is a myth.

Deputy Rabbitte was wrong last week on this issue and he is wrong again this week.

I am not wrong.

The Standing Order was only brought in after a statement made in the autumn of 1997.

I am talking about the convention.

The Deputy is wrong.

The Deputy should allow the Taoiseach to speak without interruption.

It was not a convention.

When Mr. Haughey led Fianna Fáil in the 1980s he raised such issues daily.

If someone raised something for ten seconds when I was on that side of the House, he or she would be shot down immediately. That is the way it was. The Deputy is trying to shout down the first question asked by the Leader of the Opposition. He might shout him down but he will not shout me down. He should listen.

The Taoiseach is barking up the wrong tree.

The Taoiseach knows all about trees.

Following objections last week from the Labour Party, which were similar to those this afternoon, the Ceann Comhairle changed the decision. He suggested that we should take it up with the Dáil reform committee on which the parties in Government do not have a majority. I readily accepted that and I understand it will meet this evening. Others in the House said it should be referred to the Committee on Procedure and Privileges. It is the ruling of the House that we should deal with it in that way. I do not have a problem discussing these and other matters in the appropriate committee and I will do so this evening.

I thank the Taoiseach for his initial reply. I will not be silenced. I am here to do a particular job and I will do it. He would be well advised to consider what he is saying because he needs the co-operation of my party to conduct business in this House. There is no question of me withdrawing from the position I am now taking. I will oppose the Order of Business unless I get a commitment from the Taoiseach that his party, which does not have a majority on the committee, will support the change in Standing Orders along the lines of motion No. 129 on today's Order Paper in the name of Deputy Flanagan.

That is a new way to do things.

I will be back to the Minister shortly. We are dealing with serious issues first, on this side of the House.

We are quaking in our boots.

We will be back to Graceland issues later.

Will the Taoiseach indicate to the House whether the Government is prepared to take motion No. 131 on the Order Paper, without debate? The effect of this motion would be to require the Select Committee on the Environment and Local Government to deal with Committee Stage of the Labour Party Private Members' Bill banning corporate donations, and to require it to complete its work by the end of this session on 12 April, so that it can be back on the floor of the House. It would have the effect of countermanding the veto the Minister for the Environment and Local Government has given to the chairperson of that committee not to discuss the Bill. I wonder if since the Taoiseach has already agreed previously that the procedure has to be taken in Government time, motion No. 131 could be taken here and agreed without debate, and that the Select Committee could be instructed to proceed with processing the legislation which has already passed Second Stage. Will the Taoiseach indicate whether he is prepared to take motion No. 131, without debate, in an amended Order of Business?

(Dublin West): The Government must understand that Deputy Noonan is not speaking for the Opposition as a whole. I regret that he seeks for himself and Deputy Quinn only, the right to raise briefly matters with the Taoiseach representing the Government on the Order of Business. Deputy Noonan is Leader of the biggest party in Opposition and Deputy Quinn is leader of the second biggest, but there are other small parties – the Socialist Party, the Green Party, Sinn Féin – and Independent Deputies who cannot be silenced, squeezed out or denied the right to raise matters with the Government. I accept that we will have less time than the bigger parties which are entitled to more time, but the House is not entitled to silence us. I wish to join, however, with Deputies Noonan and Quinn in saying that the Government must give way to a new standing order that will enable matters of urgent public importance to be raised briefly on the Order of Business. That is demanded by people outside the Dáil who want to see those issues being raised with the Government and want to hear the Government's response to them.

The Deputy has made his point.

On a point of order, in the context of what Deputy Higgins has stated—

That is not a point of order.

It is. As a backbencher, I will be looking for the same treatment and the same facilities as Deputy Higgins who is one elected Deputy in the House.

Deputy Noonan said he was a reasonable person and he wanted to look at this matter in a reasonable way. As I have already said, I have operated this system for the past three and a half years plus, and did so—

The Taoiseach has not operated it. The House did so.

It had to get my agreement.

Every Taoiseach has operated it.

The Deputy is wrong again but he is new in that job, too.

It has always been the practice.

No, it has not been. A proposal was put to me by the Chair as to whether I would operate it and I agreed. It was not done before.

It was always the practice.

It was not the practice.

The Taoiseach is not the hero he thinks he is.

Please allow the Taoiseach to reply.

On a point of order, that is something the Taoiseach may wish to correct. We have been informed by the Ceann Comhairle that the privilege extended to Deputy Quinn and me was totally at the discretion of the Ceann Comhairle. Now the Taoiseach has said it was a bilateral arrangement between himself and the Ceann Comhairle. That casts an aspersion on the office of the Ceann Comhairle and the Taoiseach should correct it.

The new arrangement is an arrangement as well.

Deputy Rabbitte can make up his mind as to whether it was a new arrangement.

It is up to the Taoiseach.

Please allow the Taoiseach to reply. I have allowed much latitude on this question.

It was a proposal put by the Ceann Comhairle which I went along with and, subsequently, a number of changes were made which I went along with, also. At no time did I object, and that is the point.

Is the Taoiseach trying to silence me. Is he trying to prevent me from doing my job?

Please, Deputy Noonan, allow the Taoiseach to speak without interruption. The Taoiseach is entitled to the same courtesy as every other Member of this House. He is entitled to make any statement without interruption, the same as every other Member of the House. I would ask Members to extend to the Taoiseach the courtesy they expect for themselves.

Thank you very much, a Leas Ceann Comhairle. I was asked if I would consider a reasonable request and I certainly will do that. It will be done in the way laid down by the Ceann Comhairle, with respect to the Ceann Comhairle, who said we should do it at the reform committee. I will look at that. There are also proposals from the Fine Gael Party, the Labour Party, the Green Party and the Independents, and some of these issues shall be looked at.

I was also asked a question regarding the legislation by Deputy Quinn. That matter can be discussed but there are proposals by the Minister to which I have already referred. The Minister will bring forward proposals shortly and it would be better to await that Bill.

As regards what Deputy Higgins said, I do not have control of what happens to his proposals on the committee. I do not object to considering the reform questions that have been put forward.

The Minister is blocking it.

I am not blocking anything. If they are discussed this evening then we can come to an agreement on them. There will be no difficulty with that.

The Taoiseach is obscuring the issue.

I would very much like if the proposals would continue to be dealt with in the orderly way that they have been dealt with for three and a half years, but that is a matter for the Chair and the Opposition Parties, not the Government.

Will it be discussed on its own?

Is the proposal for dealing with Nos. 20 to 24 agreed? I am putting the question.

This is the not the Fianna Fáil Party.

I would ask Deputy Rabbitte to withdraw the reflection on the Chair or to leave the House.

I merely said, sir, that—

I ask you to withdraw that remark, Deputy Rabbitte.

I was not reflecting on the Chair.

I am asking you to withdraw the remark.

If you thought I was reflecting on you, a Leas Ceann Comhairle, I was not.

I am asking you to withdraw the remark unequivocally.

I was not reflecting on you, a Leas Ceann Comhairle.

Deputy Rabbitte, withdraw the remark, please.

I withdraw it.

Question put, "That the proposals for dealing with items 20, 21, 22, 23 and 24 be agreed to".

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, David.Aylward, Liam.Blaney, Harry.Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Briscoe, Ben.Byrne, Hugh.Callely, Ivor.Carey, Pat.Collins, Michael.Coughlan, Mary.Cowen, Brian.Cullen, Martin.Daly, Brendan.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dennehy, John.Doherty, Seán.Ellis, John.Fahey, Frank.Fleming, Seán.Flood, Chris.Foley, Denis.Fox, Mildred.Gildea, Thomas.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.

Keaveney, Cecilia.Kelleher, Billy.Kirk, Séamus.Kitt, Michael P.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McGennis, Marian.McGuinness, John J.Martin, Micheál.Moffatt, Thomas.Molloy, Robert.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Flynn, Noel.O'Hanlon, Rory.O'Keeffe, Batt.O'Keeffe, Ned.O'Rourke, Mary.Power, Seán.Roche, Dick.Ryan, Eoin.Treacy, Noel.Wade, Eddie.Wallace, Dan.Wallace, Mary.Walsh, Joe.Woods, Michael.Wright, G. V.

Níl

Barnes, Monica.Barrett, Seán.Bell, Michael.Belton, Louis J.Boylan, Andrew.Bradford, Paul.Broughan, Thomas P.Bruton, Richard.Burke, Liam.Burke, Ulick.Clune, Deirdre.Connaughton, Paul.Cosgrave, Michael.Coveney, Simon.Crawford, Seymour.Creed, Michael.Currie, Austin.Deasy, Austin.Deenihan, Jimmy.Dukes, Alan.Durkan, Bernard.

Enright, Thomas.Farrelly, John.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.Gormley, John.Hayes, Brian.Higgins, Jim.Higgins, Joe.Hogan, Philip.Kenny, Enda.McCormack, Pádraic.McDowell, Derek.McGinley, Dinny.McGrath, Paul.McManus, Liz.Mitchell, Jim.Mitchell, Olivia.Moynihan-Cronin, Breeda. Naughten, Denis.

Níl–continued

Neville, Dan.Noonan, Michael.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Penrose, William.Perry, John.Quinn, Ruairí.

Rabbitte, Pat.Reynolds, Gerard.Ryan, Seán.Shatter, Alan.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Flanagan and Stagg.
Question declared carried.

The second proposal deals with the Revised Estimate Is that agreed?

I understand the Taoiseach has had to leave because he has urgent business elsewhere in the building and we, obviously, accorded him that facility. May I ask a question of the Tánaiste because in the exchanges that took place there was not an opportunity for the Taoiseach to reply adequately or properly to my question. Perhaps I can put it to the other party in Government. Motion 131 on the Order Paper will have the effect of overturning the veto which has been put on this committee by the Minister for the Environment and Local Government, Deputy Dempsey. Will she request that committee to take the next eight weeks, up to the end of this session, 12 April—

I would prefer if the Deputy would raise that matter under the Order of Business proper because it is an item on the Order Paper and I do not think it arises as it deals with the Revised Estimate.

I will agree to the next item of business if we make progress on this matter. As we did in the previous matter, I would ask the Tánaiste if, on behalf of the Progressive Democrats in this Government, she is prepared to request the committee of the House to proceed with dealing with Committee Stage of the Bill in question and to report back on 12 April. Is she prepared, therefore, to take motion 131, without debate, in this House either today or tomorrow?

We are opposing this part of the Order of Business also for the same reason. The Taoiseach who has now left the House is a greater procrastinator than Hamlet. Commitments by the Taoiseach couched in ambiguous language are no use to me. I want the change in Standing Orders to be made. I want a commitment from the Fianna Fáil Party that it will support such a change. I will not be silenced in this House and procedurally I will oppose everything until I get a commitment that the amendment is made. The Fine Gael Whip, Deputy Flanagan, will attend the meeting this evening but I would have expected a commitment from the Taoiseach not to treat all items of law reform here as a package but to deal with this as a single issue because that is the issue which concerns me now. Other issues can be decided later.

This matter has been discussed for 20 minutes already.

As the Taoiseach has already said, the Government will take a reasonable view in relation to this issue at the committee which was due to meet at 5.30 p.m. but which I presume will meet after we finalise these matters on the Order of Business. On the point made by Deputy Quinn, the Government is bringing forward its own proposals in this area and it is not a matter for me or anybody else to direct a committee in relation to that matter.

Can I take it then—

On a point of order, will the Tánaiste explain what she means by "a reasonable view"?

May I raise a point of order? The indication from Government was that this Standing Order needs to be put through but it would only be dealt with in the context of a broader reform package which could take months.

There is a meeting this afternoon of the Committee on Dáil Reform.

On a point of order, is the Tánaiste saying that this Standing Order will be taken and dealt with today?

That is not a point of order, that is a matter for the Committee on Dáil Reform. I call Deputy Quinn, to be followed by a final comment from the Tánaiste.

I ask for clarification in respect of the Tánaiste's reply. Do I take it that the Progressive Democrats Party is not in favour of banning corporate donations? Is that the thrust of her response?

It does not arise on the Order of Business.

It is pertinent to the legislation.

It does not arise on the Order of Business. We are talking about a vote on whether the business of the House dealing with the Revised Estimates is agreed to.

If I can assist you, Sir, I asked a linked question which was whether the Government would take item 131 without debate. The Tánaiste's reply to that was that the Government is bringing forward its own proposals. May I interpret from that that the Progressive Democrats support the continuation of corporate donations to political parties?

The Deputy cannot interpret any legislation.

Can I take it from the Tánaiste's silence that it does?

This is the Order of Business. This is the time of day when we deal with the ordering of business in the Chamber.

A Deputy

There will be no time left.

In light of previous discussions on this issue and in light of a refusal on the part of the Government to accept the amendment, as tabled by Fine Gael, the business of the House will not work unless and until such time as the Government accepts the amendment.

That is before the Committee on Dáil Reform.

In that regard I will represent my party at that meeting for the sole purpose of dealing with this issue and no other issues.

Question put: "That the proposals for dealing with the Revised Estimate be agreed to."

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, David.Aylward, Liam.Blaney, Harry.Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Briscoe, Ben.Byrne, Hugh.Callely, Ivor.Carey, Pat.Collins, Michael.Coughlan, Mary.Cullen, Martin.Daly, Brendan.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dennehy, John.Doherty, Seán.Ellis, John.Fahey, Frank.Fleming, Seán.Flood, Chris.Foley, Denis.Fox, Mildred.Gildea, Thomas.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.

Keaveney, Cecilia.Kelleher, Billy.Kirk, Séamus.Kitt, Michael P.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McGennis, Marian.McGuinness, John J.Martin, Micheál.Moffatt, Thomas.Molloy, Robert.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Flynn, Noel.O'Hanlon, Rory.O'Keeffe, Batt.O'Keeffe, Ned.O'Kennedy, Michael.Power, Seán.Roche, Dick.Ryan, Eoin.Treacy, Noel.Wade, Eddie.Wallace, Dan.Wallace, Mary.Walsh, Joe.Woods, Michael.Wright, G. V.

Níl

Barnes, Monica.Barrett, Seán.Bell, Michael.Belton, Louis J.Boylan, Andrew.Bradford, Paul.Broughan, Thomas P.Bruton, Richard.Burke, Liam.Burke, Ulick.

Clune, Deirdre.Connaughton, Paul.Cosgrave, Michael.Coveney, Simon.Crawford, Seymour.Creed, Michael.Currie, Austin.Deasy, Austin.Deenihan, Jimmy. Dukes, Alan.

Níl–continued

Durkan, Bernard.Enright, Thomas.Farrelly, John.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.Gormley, John.Hayes, Brian.Higgins, Jim.Higgins, Joe.Hogan, Philip.Kenny, Enda.McCormack, Pádraic.McDowell, Derek.McGinley, Dinny.McGrath, Paul.McManus, Liz.Mitchell, Jim.Mitchell, Olivia.

Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Noonan, Michael.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Penrose, William.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Reynolds, Gerard.Ryan, Seán.Shatter, Alan.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Flanagan and Stagg.
Question declared carried.

I will not pursue further this afternoon the subject matter of motion No. 129 in the name of Deputy Flanagan. From what the Tánaiste has said, I take it there is a commitment that progress will be made during the night. If my Whip is so informed before the Order of Business in the morning, we will be available to take an amendment along these lines, without debate, at 10.30 a.m. Otherwise we will return to the issue in a manner which, I hope, will be orderly. I thank the Tánaiste for what I have taken as a commitment.

Deputy Quinn, on the Order of Business.

Will the Tánaiste indicate which Minister will introduce the Agriculture Appeals Office Bill and does she have confidence in the Minister of State, Deputy O'Keeffe?

I understand the Taoiseach has already informed the House that the Minister for Agriculture, Food and Rural Development, Deputy Walsh, will deal with the matter.

In relation to the second question—

The second question is not relevant to the Order of Business. I call Deputy Gilmore.

It is relevant to me.

The Tánaiste answered the part of the question which is appropriate to the Order of Business.

The answer would be interesting.

All answers are interesting. I call Deputy Gilmore.

Will the Tánaiste indicate when the Road Safety Bill, which has been promised for three years, will be published? Will she explain why the Government's electoral Bill was given a higher priority than this important legislation aimed at protecting people on our roads?

Deputy Naughten on the same question.

On the same issue, when will this legislation be published? It has now been delayed for two years. Some 51 people have been killed on our roads since the beginning of the year, 15 in the past week.

(Interruptions.)

The Tánaiste, on the legislation.

Six young people have been killed in as many days.

(Interruptions).

Deputy Naughten, please. No other questions are allowed on the Order of Business, which is becoming repetitive.

The legislation will be published this session.

A Leas-Cheann Comhairle, there was a tragic accident yesterday in Slane, County Meath, a road you travel four or five times a week. I asked to raise the matter as a Private Notice Question and I would like some guidance on how I can raise such an important issue.

The Deputy will be aware that he can raise the issue by way of a question on the Adjournment, including a number of other ways.

(Interruptions.)

I would like to know how—

If the Deputy calls the Ceann Comhairle's office, he will be advised accordingly. I call Deputy Rabbitte.

(Interruptions.)

Have the Tánaiste and the Minister for Finance signed off on the Bill for Cabinet on the financial regulator?

A memorandum will go to Cabinet on the matter within the next two weeks.

Mr. Coveney

Given the carnage on the roads, when can we expect the introduction of the Criminal Justice (Garda Powers) Bill? There are only two working speed cameras in the country at present. Can we take seriously the Government's commitment to slowing people down on our roads?

I understand it is due in May or June this year.

It is four or five months since the all-party Committee on the Constitution reported on the issue of abortion. One of the possibilities the committee set out was legislation to provide for a referendum. Will the Tánaiste confirm the view attributed to her in the public press that she and her party—

That does not arise on the Order of Business.

It is proposed legislation. She said she is opposed to the introduction of legislation to provide for a referendum.

Is the legislation promised?

There is no legislation promised in this area. The matter the Deputy refers to is before the Cabinet sub-committee. That sub-committee has had a number of meetings but has not yet come forward with recommendations or proposals.

The Tánaiste said the matter is with the sub-committee but the Taoiseach has indicated on a number of occasions that he is not willing to go forward with a referendum without legislation. Therefore, legislation is promised.

It does not arise at this stage.

With regard to a Bill introduced by the Minister for the Environment and Local Government, will the Progressive Democrats support legislation that allows Fianna Fáil spend an extra £1 million in election expenditure?

That is not a question for the Order of Business and the Deputy knows it.

When will the Courts and Court Officers Bill be published to provide for more substantial reforms of our courts system, particularly in relation to judicial appointments? Why was it not published before the end of last year as promised? Is it because the Attorney General does not like the provisions contained in the Bill and is not co-operating with the Government in its drafting?

It will be published in this session.

When? It was promised last year.

We will move to item No. 20.

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