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Dáil Éireann debate -
Thursday, 24 Nov 2005

Vol. 610 No. 6

Adjournment Debate.

Corrib Gas Project.

Two days ago there was a report by an independent American consultant conducted by the Centre for Public Inquiry. The report spelt out that to proceed with the Corrib Gas project as laid down would be hazardous and would pose too great a danger to those who live beside the pipeline. This is a narrow peninsula. Even taking into account any safe distances, clearly it is not safe for those people to live beside this pipeline. Given that the peninsula is narrow there is no room for the pipeline so near to the people in those houses. Something has to give. As envisaged, it is clear the two elements do not fit.

The independent consultant was employed to investigate the position and he did so. It is clear the pipeline rule is not safe. While the Government has said it would be safe and the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, has said on many occasions that it is safe to live within 70 metres of the pipeline. Even applying international standards, people living within 200 metres and 400 metres of these pipelines, but with much lower levels of pressure, have died, having been scorched totally. There are minimum safe distances but one cannot apply those distances to this narrow peninsula.

I ask the Minister of State whether there is any rationale in proceeding with the Corrib Gas project as envisaged. Nobody is against the gas coming in but surely people have a right to be safe in their own homes. Five people from Rossport spent 94 days in jail to protect their right to be safe at home. I am sure the Minister of State will tell me about all the investigations that took place. These quantitative risk assessments, QRAs, were based on historical precedent. However, no historical precedent exists for this pipeline. It is an exotic pipeline project that has never been done before. No QRA will assess the risk. I am sure the Minister of State will talk about the study by Advantica, commissioned by the Minister for Communications, Marine and Natural Resources. However, this will not consider the consequences of a rupture to the pipeline. If that pipeline ruptures, the local people will be dead, as they know, which is why they were prepared to go to jail.

Someone wanting to build a house needs to get planning permission from the local authority and can then make an appeal to An Bord Pleanála. It can then be further appealed to the High Court on a point of law. However, this pipeline was exempted by the former Minister for Marine and Natural Resources, Deputy Fahey. No proper planning for the pipeline took place. It was rushed through on the basis of ministerial consent.

The study points out that representatives of Shell met An Bord Pleanála. Shell and its partners, Statoil and Marathon, met the Taoiseach and the then Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern. Certain assurances were given regarding the planning process. Four days later the full board of An Bord Pleanála met representatives of Shell, Marathon and Statoil. The rest is history. The project was passed by An Bord Pleanála following undue access to that board.

The oil and gas companies have been given latitude allowing them to hold a licence for 19 years and then walk away. I raised this matter with the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, and suggested he should restrict the licence to five years.

How can the project be allowed to proceed when a report by a reputable independent expert from America has made it clear that it poses too great a hazard to the people who will be obliged to live beside the pipeline?

The Deputy will be aware that the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, has appointed Mr. Peter Cassells as mediator in the Corrib gas project dispute. Mr. Cassells was general secretary of the Irish Congress of Trade Unions from 1989 to 2001 and was one of the main architects of the social partnership agreements. He is chairperson of the National Centre for Partnership and Performance.

The Minister has closely followed the progress of the mediation process, under the leadership of Mr. Cassells, and is grateful to all concerned for their active participation in it. The Deputy will also know that the Minister has ordered a full safety review of the Corrib onshore upstream pipeline. Pending the outcome of this review Shell E&P Ireland has, at his request, ceased all works on the onshore pipeline. In addition it has ceased works on the offshore pipeline to allow for a period of public discussion and dialogue. Essential environmental and geotechnical maintenance and monitoring at the Bellanaboy terminal site are continuing but all other work on the terminal site has been suspended.

The current safety review is both thorough and comprehensive and is being carried out by independent internationally recognised experts. Advantica, the successful bidder, is a world leader in the development and application of advanced hazard and risk assessment technologies for gas pipelines.

What has this to do with Shell?

The Deputy should allow the Minister of State to continue without interruption.

I did not interrupt Deputy Cowley. I have listened to the Deputy times out of number. Our Constitution happily protects people and gives them the right to meet to discuss any issue.

It does not protect their safety.

The Deputy should allow the Minister of State to continue without interruption.

The study involves a critical examination of all relevant documentation relating to the design, construction and operation of the pipeline and associated facilities. Advantica has been asked to conclude whether in its opinion the proposed installations have been or will be designed, constructed, installed and operated to appropriate standards and to identify deficiencies, if any, regarding the safety aspects of the proposed Corrib gas onshore pipeline and to make recommendations as to how these can be remedied.

The Minister has been conscious that people who have views relating to the safety of the pipeline should have the opportunity to have those views considered by Advantica. Views have been invited from local residents, communities and any interested parties. Advantica has visited the Corrib site as part of its work and a two-day public hearing, chaired by John Gallagher SC, was held in Mayo last month. I understand the Minister intends to publish the draft safety review shortly. In addition to the safety review, a new strengthened project monitoring procedure has been put in place to ensure the developer complies with all legal consents issues.

Extra personnel have been assigned to the petroleum affairs division of the Department of Communications, Marine and Natural Resources and a new technical advisory group, independent of the petroleum affairs division, has been established to advise, monitor and verify works being carried out on this project. Authorised officers are empowered to inspect works on a regular and on-the-spot basis. These revised monitoring arrangements have been included in the terms of the most recent consent issued to the developers. The Minister also recognises the necessity to spell out more clearly the safety regime, which will be in place before the first gas flows through the pipelines from the Corrib field.

It is his intention, as outlined in the House recently, that a clear regime for the operation and maintenance of the pipeline will be in place. This will be an open and transparent system which will ensure that the highest standards of safety will apply. Obviously, if Advantica makes any recommendations on these issues in its final report the Minister will take them fully into account in the preparation of the final consents.

The Corrib gas field is a major infrastructural project, which has the potential to play a significant role in the economic and social regeneration of County Mayo and the north-west region. It will facilitate the improvement of the region's infrastructure and increase local employment, in both the short and long terms. The development will also increase Ireland's security of supply by providing a reliable, secure and indigenous source of gas.

Notwithstanding the potential benefits, it is crucial that the project proceeds having regard to the views of all the interested parties. The mediation process has a vital part to play in this. Copies of the report published by the Centre for Public Inquiry have been forwarded to the consultants. The Centre for Public Inquiry will be in a position to comment on the findings made therein at a presentation to be held at the beginning of December. The mediator, Mr. Peter Cassells, will chair this presentation and the consultants from Advantica will also be present.

I assure the House that the resolution of issues surrounding the Corrib project has been a priority for the Minister. I share his hope that the mediation process under way, augmented as needed by the results of the safety review, will allow all those concerned to work together to resolve the difficulties that have arisen on this very important gas project.

Gender-Based Violence.

Tomorrow marks the beginning of 16 days of activism to eliminate all forms of violence against women. While to some this may seem a lofty ideal, if we do not aspire to this noble goal how can we even begin to achieve it? It begs the question how much violence is tolerable. I support wholeheartedly this campaign and I am glad to have the opportunity to raise it on the Adjournment.

To coincide with these 16 days a consortium of Irish human rights, humanitarian and development agencies along with Development Co-operation Ireland have produced a report on gender-based violence entitled, A Failure to Protect; a Challenge to Action. The report is recognition that gender-based violence is rooted in gender inequality and unequal power relationships. It is usually, though not exclusively, perpetrated against women and girls and is particularly prevalent in areas of armed conflict. War has exacted a particularly high price on women. Rape is a common and devastating weapon of war. As the subject of gender-based violence is shrouded in silence, impunity and complacency, the horrific violence has been permitted to flourish.

Shockingly the report reveals that gender-based violence and sexual exploitation are also found in humanitarian situations, where sex is traded for food rations, for safe passage and abuse is also perpetuated by people in positions of power in the community such as teachers. In Mozambique last year I spoke to parents who refused to let their daughter attend school because of the price in sexual favours the teacher was exacting from the child to achieve grades.

The report acknowledges the onus and responsibility on humanitarian agencies and governments to provide for the protection of all citizens in conflict and post-conflict situations. It also recognises that failure to act on gender-based violence compromises women's and girls' ability to benefit from development programmes and is a hindrance to the achievement of the millennium development goals.

The cost of not engaging with gender-based violence is significant. Human rights are abused, atrocities and individual trauma and suffering continue and development interventions are undermined. The statistics are truly gruesome. Some 75% of women in Liberia were raped during the conflict. In Bosnia, between 20,000 and 50,000 women were raped during five months of conflict in 1992. In Thailand, 14% of gross domestic product comes from prostitution and sex trafficking. In Germany in 2002, some 811 women, mainly from eastern Europe, were freed from white slavery rings. Silent voices permit these injustices to continue.

The report describes itself as a call to action. It demands those of us with a strong voice to use it to highlight, to provoke and to insist upon change. I salute this initiative and particularly the leadership of the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, on this issue. It is but a beginning, but a very important first step. How we use the information contained in the report will measure our solidarity with the most vulnerable groups in the most atrocious conditions. I trust we will not be found wanting.

Today is the first day of 16 days of activism to stop violence against women and I welcome the opportunity to address the House on this important matter.

Violence against women is a pervasive human rights abuse and is, unfortunately, an increasingly common feature of today's conflicts. It is used as a means of brutalising women. The violence is often extreme and can cause lasting physical and psychological damage. HIV-AIDS is a real risk for the victims. Such rapes may cause pregnancies which can result in victims being socially outcast and greatly impoverished. They may also ruin existing marital relationships or destroy the prospects of marriage.

The consequences of such violence are not solely confined to the victims. The intention of those who practise this violence is not only to terrorise their victims, but to terrorise the groups and communities to which they belong. Violence against women is often part of a ruthless and barbaric strategy to ethnically cleanse certain areas and is a prime instrument in the displacement of people internally and as refugees.

For all these reasons, gender-based violence must be recognised by the international community. Measures must be put in place to ensure we tackle it effectively. This means preventing it, in so far as is humanly possible, and properly dealing with the aftermath for those unfortunate to be its victims.

Last year, at the initiative of Amnesty International, a group of Irish development and human rights non-governmental organisations came together with the Department of Foreign Affairs to discuss how best to respond to the high levels of rape being reported in the conflict in Darfur, Sudan. All concerned recognised that the problem must be looked at in a systematic manner, rather than on a case by case or area by area basis.

Officials in the Department and representatives of the agencies involved formed a consortium to identify how best to develop institutional capacity to respond on a systematic basis to violence against women. The consortium included personnel from the Department, Amnesty International, Concern, Christian Aid, Child Fund of Ireland, Dtalk, Goal, Trócaire and Self Help. It commissioned research to identify current practice and this led to a report, launched by Mrs. Mary Robinson and the Minister of State, Deputy Conor Lenihan, on 18 November. On that day, a round table meeting was held with the NGOs involved and they made commitments in their programmes to tackle violence against women. I am pleased to say that Mrs. Mary Robinson has taken on an oversight role in this regard and will review progress in 12 months' time.

The Department recognises violence against women as an extremely important human rights issue. It is an integral element of armed conflict and extremely widespread. It is systematically used as a weapon of war and is on the increase, especially in Africa. Some of the statistics are truly staggering. It is estimated that up to 75% of women in Liberia were raped during the conflict in the 1990s. In Rwanda, between 250,000 and 500,000 women were raped during the genocide, and a decade later 67% of survivors are HIV positive.

Even in the context of humanitarian relief operations women are vulnerable to sexual exploitation in return for food rations, safe passage and access to essential goods and services. This reflects a profound failure by the international community to protect the fundamental rights of populations affected by conflict.

The report published by the Department of Foreign Affairs in co-operation with the Irish NGOs recognises the need to listen to the voices of women, especially those who are victims of violence. Their voices need to be heard at a political level. We must co-ordinate our response, not just at political level but in the field. Programmes must be designed that aim to reduce the incidence of violence and respond to the needs of women in areas where widespread abuse has taken place. In this regard, the Government is committed to putting in place significant appropriate financial resources.

This report is only the beginning of a process which I hope will, over the coming years, make a real difference to the lives of women in developing countries. I thank all involved in the preparation of this excellent report, including Mrs. Mary Robinson, for agreeing to be part of this important initiative. I am sure she will play an important leadership role in ensuring that the Initiative will be effectively implemented over the coming years.

Public Facilities Access.

I thank the Ceann Comhairle for giving me the opportunity to raise this issue. The Taoiseach and the Minister for Arts, Sports and Tourism must answer questions as to why the National Aquatic Centre pool at Abbotstown, which has cost the taxpayer more than €60 million so far, is off-limits to people with a severe physical disability, including the children of Scoil Mochua in Clondalkin, a school that caters for severely disabled children.

I have a number of questions for the Taoiseach and the Minister. First, is it true that doors and other access points to the pool centre are too narrow to permit access for people with severe physical disability? Second, will the Minister publish the disability access audit recently carried out which identifies the access problems of the centre? Third, how much will it cost to make the centre fully accessible and how long will it take to do the work? Fourth, whose responsibility is this work? Is it the responsibility of the Government company, Campus Stadium Ireland Development, the architect who designed the complex, or the centre's management company, Dublin Waterworld Limited?

It appears that the children of Scoil Mochua and other people with a severe disability are victims of gross ineptitude on the part of Government. The centre was designed for the Special Olympics and was supposed to be a world class, state-of-the art facility. It is unbelievable that €60 million plus of taxpayers' money could have been spent on a pool, opened for the Special Olympics, which fails to meet fundamental disability access criteria.

In most other jurisdictions a Minister responsible for this kind of fiasco would do the honourable thing and resign. Let us remember that this the centre whose roof blew off in a storm, where water has been leaking, where an almighty legal row continues and off-side arrangements with regard to the centre are costing taxpayers up to €9 million a year in tax breaks. In any other jurisdiction the Minister responsible would resign, but instead the children of Scoil Mochua and other severely physically disabled people are faced with a Mexican stand-off between Campus Stadium Ireland and the pool's management company.

The pool's management company, Dublin Waterworld Limited, claimed to have installed a hoist and lift for disabled access, but these are not fully useable because of access and design flaws such as narrow doors and the position of the plant equipment. It is over to the Taoiseach and the Minister to sort out this sorry saga.

Swimming is part of the curriculum of Scoil Mochua. The Minister may not be aware, but Stewart's Hospital, St. Raphael's in Celbridge and Cheeverstown on the south side — all in the vicinity of Abbotstown — have smaller pools which are very important facilities. Although those pools were built years ago at a fraction of the cost of this world class facility at Abbotstown, they provide access for disabled people.

I hope the Minister of State will throw some light on this continuing shambles. I think we will wake up one day to find that the National Aquatic Centre has literally drained away. Part of it has already blown away and water is dripping out of it. It is a pity it is such a shambles because it should be a key facility.

Deputy Burton is aware of the facts of this matter. On 22 November last, she received a full answer to two parliamentary questions which she had submitted on this issue. She had already received a letter from Campus and Stadium Ireland Development Limited outlining the circumstances of this case and giving details of the facilities which are available at the National Aquatic Centre. It has been explained to the Deputy that the centre was designed and built in accordance with the prescribed building regulations and to the highest standards.

Campus and Stadium Ireland Development Limited has confirmed that all requirements under disability legislation were met when the facility was being developed. The company consulted Special Olympics Ireland and all the other relevant interest groups during the project's design and build stages to ensure that the new facility would meet the requirements of disabled persons using it. Campus and Stadium Ireland Development Limited has always tried to ensure that the National Aquatic Centre is accessible to everyone. As the landlord of the centre, the company's driving motivation at all times has been to ensure that this ambition is fulfilled. I assure the House, on behalf of the Government, that the National Aquatic Centre's facilities are accessible to people with disabilities. They can be and are regularly used by such people.

What about the pupils of Scoil Mochua?

It is public knowledge that the National Aquatic Centre was honoured at the O2 ability awards in February 2005 for the customer service it gives to the disabled community.

What about Scoil Mochua?

The centre has received public acclamation and reward. The Minister for Arts, Sport and Tourism, Deputy O'Donoghue, is aware that some people with severe disabilities have concerns about their use of the centre's facilities.

They cannot access the facilities.

As the Minister is anxious to ensure that access to the centre's splendid facilities is available to everyone, he has asked the board of Campus and Stadium Ireland Development Limited to investigate whether further work can be done to meet the requirements of the people in question. At the Minister's direction, the company has undertaken a process in recent months that will lead to improved accessibility at the centre for people with severe disabilities.

The company arranged for experts to carry out an audit of access to the centre. The Deputy will be interested to learn that the report of the audit, which has been completed, stated: "Accessibility to the centre is good."

Will the Government publish the report?

The audit report has been forwarded for consideration to Campus and Stadium Ireland Development Limited's contract administrators, the architects who designed the centre and the Equality Authority.

When will it be published?

I will adjourn the House immediately if the Deputy continues to interrupt the Minister of State.

It is intended that a list of further improvements will be agreed with the operators, to be put in place as quickly as possible. The Minister for Arts, Sport and Tourism, who is responsible for putting a state-of-the-art aquatic centre in place at Abbotstown, has made an unprecedented level of investment in sports facilities throughout the country. The National Aquatic Centre has drawn well deserved admiration from those who have visited it and used its facilities.

We heard complaints for many years about this country's lack of proper sporting infrastructure. The Government has made a tangible contribution in this field since 1997 by providing for capital investment in sports facilities of more than €600 million. The Government developed the National Aquatic Centre to provide a 50-metre pool for Ireland's needs and specifically to provide a suitable location for the aquatic events of the Special Olympics World Summer Games, which was achieved to universal acclaim.

This wonderful facility provides a fantastic service to Deputy Burton's constituents, who are fortunate enough to have it on their doorsteps. Almost 1 million people visited the centre in its first year of operations, making it one of the top attractions in Ireland. It will continue to be a leading facility because it is planned to make its service even better by improving the facility further. Particular emphasis will be placed on providing the best possible service to people with disabilities, so that they can use it to the same extent as everyone else who enjoys the aquatic centre.

Planning Issues.

I appreciate the opportunity to discuss this important issue, which relates to the perceived independence of a State body, An Bord Pleanála. It is vital, in the interests of proper planning and political support for the planning process, that An Bord Pleanála should be independent.

The Minister, Deputy Roche, is aware that when An Bord Pleanála made its decision on the first planning application for a gas terminal building in Bellanaboy, the inspector came to the conclusion that the application was for the wrong site from a strategic planning perspective. The inspector said in his report that the site chosen by the company in question was the wrong one when considered in the context of the Government's policy of fostering balanced regional development, from the perspective of minimising environmental impact and in the interests of sustainable development. More alarmingly, the inspector said he was under the impression that the granting of planning permission in this instance was a fait accompli. He concluded that the proposed site was unequivocally an incorrect choice.

It is remarkable that, according to briefing documents from a meeting five months later between the Taoiseach and Shell, the Department of Communications, Marine and Natural Resources acted as a bag carrier or messenger for the development company in question. The briefing document contains expressions of concern about An Bord Pleanála's lack of understanding of many aspects of the projects and the petroleum sector. It refers to the fact that the company in question had lost money as a consequence of the delays caused by An Bord Pleanála's decision. It highlights the serious reservations of the company, Enterprise Energy Ireland, about An Bord Pleanála's decision and states that there were are no alternatives to the Corrib gas field.

I would like to know what role, if any, the Department of the Environment, Heritage and Local Government played in asking An Bord Pleanála to give assurances that any further appeal decision would be considered with absolute urgency. The Department was able to present a memo at the meeting between the Taoiseach and representatives of Shell, stating that An Bord Pleanála had given a commitment to treat the appeal with utmost priority and to deliver a decision within 18 weeks, as statutorily required. I want the full details in this regard because it is vital that the planning process should be conducted in an open and fair manner. Anyone who examines from the outside the process that led to a decision being made on the appeal in this instance would agree that it was not conducted in an open and fair manner. The appellants, including those who represented the Green Party in the appeals process, did not have the same level of access to An Bord Pleanála as the developer, which was able to make a presentation on the wonderful work it was doing.

I have serious concerns that the Government constantly took Shell's side, in effect, throughout this process. The Taoiseach downgraded the role of An Bord Pleanála by proposing to introduce a critical infrastructure Bill. He continually expressed his support for the project in this forum and elsewhere. While such evidence is circumstantial — the Taoiseach is entitled to act on behalf of Shell — I contend that he put remarkable and untold pressure on An Bord Pleanála to accept the Government's will and to do the right thing in this case. It is to be deeply regretted that such actions have been bad for the long-term position of An Bord Pleanála as a credible and independent body. I am keen for the Minister to provide as many details as possible about this sorry process.

I am grateful to Deputy Eamon Ryan for raising this matter and allowing me to put the facts on the record of the House. As Members are aware, An Bord Pleanála plays a key role in ensuring that major developments in Ireland are delivered in accordance with proper planning and sustainable development and in line with best land use practice. Under the Planning and Development Act 2000, the board is subject to a statutory objective to determine all matters before it within 18 weeks. The Minister for the Environment, Heritage and Local Government has been assigned legislative responsibilities by the House relating to the timely delivery of planning decisions on strategically important infrastructure. Members of this House have encouraged the Taoiseach and me to speed up the preparation of the proposed strategic infrastructure Bill because they recognise the urgent need for a responsive planning process that does not take years to deliver critical decisions. Deputy Ryan's comments about the Bill represent a rather perverse movement away from the generality of the views held by Deputies.

An Bord Pleanála has made major efforts over the last four years to clear its existing backlog of cases. Even though its intake of new cases increased by 11% in 2004, compared to 2003, the board met its statutory objective of deciding cases within 18 weeks in 85% of cases, compared to 74% of cases in 2003. The board has demonstrated that it is robust and more than capable of doing its job. An Bord Pleanála quite rightly gives special priority to major infrastructure projects — there is nothing new about that in legislative terms. The chairman of An Bord Pleanála and his staff are to be congratulated on their exemplary record. The chairman attended today's meeting of the Joint Committee on Environment and Local Government to discuss the board's 2004 annual report and to brief the committee on the issues being faced by the board.

In April 2003, An Bord Pleanála refused planning permission for the terminal for the Corrib gas project on certain specific grounds, primarily relating to the issue of peat transfer and storage within the proposed site. Following that refusal, the company wrote to the Taoiseach indicating that it was considering the future status of the project. It indicated that the costs of the delays to the project had impacted seriously on its viability and that if it was to proceed it needed to be confident that future planning decisions would be taken in a timely manner.

My Department wrote to the chairman of An Bord Pleanála and the Mayo county manager enclosing that letter and seeking their views on the issues regarding timely processing of the planning application which had been raised by the company. Both the chairman and the manager responded that any application would be treated expeditiously, as one would expect. The chairman stated that should an appeal be made to the board against a planning authority decision relating to a development of the Corrib gas field it would be afforded top priority by the board as an item of national infrastructure. However, the chairman also noted that his assurances on the timing of such an appeal were "totally without prejudice to the consideration of any merits of any appeal by the Board". In other words, his reference was to the time limits and the manner in which an appeal would be handled. Copies of the letters exchanged on this matter between the Department and the board, and Mayo County Council, are available in the Oireachtas Library and I have passed copies to the Deputy.

As the Deputy is aware, under section 30 of the Planning and Development Act 2000, there is a bar on the Minister for the Environment, Heritage and Local Government exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned, with the exception that the Minister may comment on planning applications or appeals or give expert advice to planning authorities or An Bord Pleanála on the protection of the built and natural heritage.

I make the point to the Deputy, in order that he can be assured on this matter, that it has been the practice of Ministers for the Environment, Heritage and Local Government to respond even to their own constituents when they raise a query about planning in the terms of the paragraph I have just read. It is certainly my practice. It should be evident from what I have described, and from the content of the correspondence I am making available to the Oireachtas, that neither the Minister nor the Department has sought at any time to influence the decision taken by the local authority or the board on the planning application or appeal in question. I assure the House that, knowing as I do the members of the board and particularly the chairman of the board who is a fine public servant, any attempt to do so would be rejected.

It should be noted, however, that the Minister has a specific role under the 2000 Act of directing, if necessary, that the board should give priority to determining appeals relating to classes of development of special strategic, economic or social importance to the State. While no such direction has been issued to date, the Department's approach in the present case was in the context of this general statutory responsibility.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 29 November 2005.
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