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Seanad Éireann debate -
Thursday, 4 May 2006

Vol. 183 No. 12

Order of Business.

The Order of Business is Nos. 1, 2 and 3. No. 1, a motion which sets out the arrangements to allow the Oireachtas Joint Committee on Agriculture and Food to meet in the Dáil for a debate on European agricultural policy on Wednesday, 10 May 2006, to be taken without debate; No. 2, a referral motion whereby the subject matter of No. 16 on today's Order Paper, concerning the extension of the Freedom of Information Act 1997 (Prescribed Bodies) Regulation 2006 to additional bodies which now brings to more than 500 the number of bodies covered by the Act, will be referred to the Oireachtas Joint Committee on Finance and the Public Service for consideration, to be taken without debate; and No. 3, the National Economic and Social Development Office Bill 2002 — Second Stage, to be taken on the conclusion of the Order of Business and to conclude not later than 2 p.m., with the contributions of spokespersons not to exceed 15 minutes and those of all other Senators not to exceed ten minutes each, the Minister to be called on to reply not later than five minutes before the conclusion of Second Stage.

The decision of the Christian Brothers to give a one-year reprieve to St. Michael's national school in Inchicore is obviously belatedly welcome. However, we have a longer-term problem in that area and in many other parts of the city, which relates to the provision of new schools and education facilities for growing communities. I ask the Acting Leader to arrange a debate at the earliest possible time with the Minister for Education and Science so she can set out her policy in this area.

We have a particular problem in south-west and west Dublin in the provision of new schools. Thousands of new houses are being built with no new schools to meet the housing demand. We should consider amending the terms of Part V of the Planning and Development Act to allow developers and builders to make specific contributions towards funding new primary schools in areas with extensive new housing developments.

It is ridiculous that people should need to wait for 8,000 or 9,000 new homes to be built before getting a new national school. The problem with St. Michael's in Inchicore is being reflected in many other parts of the city. We need a debate on this issue. We need to ensure the Minister for Education and Science has a new policy to meet this demand. There is no lateral planning and thinking between the Department of Education and Science and any of the local authorities in Dublin on this urgent matter.

The Acting Leader may be aware of the particular new craze within the Dublin criminal fraternity of cars being stolen to order. As we know, without the key it is virtually impossible to steal a car fitted with an immobiliser. However, cars now being stolen to order involve two crimes, namely, breaking and entering as a means of getting the keys of the car, and robbing the car. These cars are then transferred on to the Continent where very lucrative trafficking of stolen cars takes place.

I ask the Acting Leader to use his good offices to raise with the Minister for Justice, Equality and Law Reform a particular solution in use in Northern Ireland. PSNI patrol cars are fitted with a satellite vehicle recognition system, which allows stolen cars to be detected automatically by those patrol cars. Garda cars in this jurisdiction do not have the same technology. In consultation with the Garda Commissioner, the Minister for Justice, Equality and Law Reform needs to take up this issue. Very substantial sums of money are being lost as a result of cars being stolen in Ireland and ending up in the lucrative continental car market. We must address the issue and one way to do so is to advance technology in Garda cars.

We recently had a very moving debate on the report into the activities of Dr. Neary in Our Lady of Lourdes Hospital in Drogheda. Members on all sides share the same kinds of views. We were appalled at the hardship, trauma and suffering imposed on those women who went to have their children in that hospital. We looked at the recommendations of the learned judge who produced the report — I do not recall anybody objecting to any one of them — and we asked for them to be implemented. It now transpires that the judge has made a return trip to the hospital to discover what kind of action has been taken on foot of the recommendations. We find, appallingly, that whereas the hospital has made a serious effort to implement what was required of it at hospital authority level and staff level within the hospital, the HSE has done nothing whatever to implement the recommendations of the report.

Considering that the report galvanised this country and shocked all of us, it is absolutely incredible that nothing would be done. The Tánaiste and Minister for Health and Children, Deputy Harney, would be within her rights to demand an explanation from the HSE as to why nothing has been done. I would welcome an opportunity to discuss with the Tánaiste how the recommendations of the report will be implemented and what action she proposes to take, or can take, to ensure they will be implemented. I look forward to an early debate on that.

I congratulate Judge Maureen Harding Clark on her follow-up report on the Neary case. That sorry saga is very important, and we express our appreciation to Judge Harding Clark for her work.

The Irish Nurses Organisation meets in conference this week, and there has been much debate in media circles on whether the Tánaiste had received an invitation, replied to it and was available to address the conference. We understand that it is the first time in the history of the INO conference that the serving Minister for Health and Children will not address it. It is only fair and right that we put on the record that the INO made every effort to facilitate the Minister. A spokesperson from the Minister's office said that she would be in the United States but, over three days, it is not unrealistic to expect the Minister to make some serious effort to address the INO as it meets to discuss serious issues in the health service, not least in accident and emergency services. It is an affront to the INO that the Tánaiste would snub it in this manner.

I also wish to raise the issue of the motor tax on-line payment provision on the Department of the Environment, Heritage and Local Government website. This issue was first raised when the system was introduced two years ago. There is now a situation whereby people can tax their cars without actually having them insured. The old manual system meant that when one sent details to the local licensing authority, one had to include a certificate of insurance. That is not the case any longer; one can now enter bogus insurance details and still get one's tax disc in the post three or four days later. In an era of carnage on our roads that seems to be never-ending, it is a disgrace that uninsured cars are being taxed in this country, and that no serious attempt has been made to curb that loophole. It is vital that we bring this loophole to the attention of the Minister for the Environment, Heritage and Local Government, Deputy Roche, as soon as possible. There is a major issue about road carnage and about cars that are not of a certain standard, and sadly the matter of non-nationals losing their lives for a variety of reasons, including speeding and the use of left-hand-drive cars. The State is promoting the fact that uninsured cars are taking to the roads; that loophole is being enabled by the State. I appeal to the Acting Leader to communicate that message urgently to the Minister so the loophole can be closed.

In recent years there have been far-reaching changes in the tourism industry, most of which were to reinforce our position in the marketplace and prepare us for the changes in the competitive nature of the business. Those changes also take account of the all-Ireland nature of tourism. Indeed, a number of successes have arisen from these changes, but one area requires attention. I refer to the role of bed and breakfasts. As we know, more than 40 years ago this concept of tourism was brought into Ireland with the idea that people could come and have the experience of the authentic Ireland, living with a family. The bed and breakfasts were very competitive and there was a great social interaction involved but recent figures would suggest that the number of people getting out of this business is alarmingly high at the moment, with several hundred if not more leaving it.

There are reasons for this. The visitor has different needs and there is increased competition from three-star hotels and so on. But it is important that we find some way in which to help the bed and breakfasts because they have a role to play. There are areas such as tax incentives, which have already been given to hotels in the past, and the licensing laws could perhaps be more flexible to help the bed and breakfasts. I am surprised that the alarm bells have not been ringing somewhat louder because anybody on the ground is clearly aware of the radical changes that are taking place for bed and breakfasts. I do not want to be a prophet of doom, but I would go as far as saying that, if we do not do something, in another four or five years the whole bed and breakfast aspect of tourism will be completely gone. It might be worthwhile to have the Minister in here to discuss this urgent matter that seems to have been played down up to this point.

The groceries order was, as we know, abolished to much fanfare, and commitments and promises were given that it would save consumers something like €1,000 a year. Despite all the commitments and promises, the cost of a basket of staple goods in Tesco, Dunnes and Superquinn has increased in all cases. It has not led to an era of lower prices. As we know, prices are gradually going up — I refer to the survey in last Sunday's edition of The Sunday Times. This included everyday items for every household, such as butter, eggs and tea. Was the abolition of the order a con job? It would be worthwhile if the Minister for Enterprise, Trade and Employment, Deputy Martin, could attend for a debate on the matter because the commitments given have certainly not been lived up to.

I support the point raised by Senator Brian Hayes on development plans and how they move forward, particularly on having an action plan and making sites available for schools or neighbourhood centres. There is a lot of vagueness here due to a lack of co-operation between the Department of Education and Science and the Department responsible for local authorities, particularly with regard to the development plan. Perhaps the Minister for Education and Science, Deputy Hanafin, could come in and express her views on future plans for sites for schools. It is hard to predict these things in the long term but the situation could be clarified. The Minister is very clear in her own thinking on it, so perhaps she could enlighten us accordingly.

Could the Minister for Justice, Equality and Law Reform, Deputy McDowell, come to the House to debate the forensic medical services in Ireland? For those of us who are colleagues of the former State pathologist, it is very depressing to hear the criticism of his work that has been voiced, especially as there was no criticism when he was in office. We need that debate as soon as possible, because the gardaí are complaining about the difficulties they are having in getting doctors to come and take blood samples from people suspected of drink driving. We know that is a serious issue in road safety regulations.

I am also very disappointed that in the legislative programme for this session the new coroners Bill does not seem to be featuring until the very end of the year. That legislation has been sought for quite some time, and in the newspapers recently we read about the distress of a lady because the inquest into the death of her four year old child was put off year after year. She had no knowledge whether her child died instantly at the scene of the accident or died later in hospital because those details have to be kept private until the inquest takes place. I would be grateful if a debate on forensic medical services could take place as soon as possible.

I support the remarks made by Senators Brian Hayes and Ormonde on education, a matter I raised only last week. Developers have a role to play in the provision of additional school places. A debate on education with the Minister for Education and Science would be useful. I am sure many useful suggestions would be made by Senators on all sides of the House.

On the issue of motor insurance, I do not want to be accused of being racist but I believe in calling a spade a spade. The reality is that the statistics show a trend in the number of non-national motorists without motor insurance involved in accidents, some of which are serious. This matter was raised previously by Senator Finucane, on which occasion I supported him. Efforts must be intensified to address this serious matter. A number of people have lost their lives. I am not saying that some nationals are not also at fault, but a worrying trend is evident in terms of the overall population and something must be done to address it. The established garages ensure that cars are insured before they leave their premises but other sales outlets do not and that is where the problem arises.

I support the call by the Leader of the Opposition, Senator Brian Hayes, for a debate on the serious problem of car theft, which is escalating on a weekly basis. It is a cause of great distress to many people. A person can break into their home, steal the keys of the car and subsequently sell it to a person in the UK or elsewhere in Europe. Something radical needs to be done to address the issue. Senator Brian Hayes proposed a means of dealing with it which is currently in force in Northern Ireland and the UK. I would welcome a debate on this issue at an early time.

I call once again for a debate on the sexual health of young people. The Joint Committee on Health and Children recently had a debate on this issue during which a consultant from St. James's Hospital gave startling figures on this growing problem, which is not being addressed. The necessary services are not in place around the country for young people to access. A broad education programme on sexual health is needed.

On a related but broader issue, I call for a separate debate with the Minister for Foreign Affairs, and perhaps involving the Tánaiste and Minister for Health and Children, on tackling the spread of AIDS throughout the world, particularly in Africa and South America. I am thinking particularly of condoms being made available to people in those countries, accepting that the use of condoms is the best way to help stop the spread of AIDS. I cautiously welcome a potential new development which we are not sure will come about. The Roman Catholic Church is considering changing its stance on the use of condoms as a means of fighting the spread of AIDS. The Department of Foreign Affairs and the Minister of State at that Department, Deputy Conor Lenihan, are doing wonderful work in this area, but much more is required to press home what we believe needs to be done. I would welcome a debate on the matter.

I call on the Acting Leader to request the Minister concerned to debate the issue of age and ageism, which I have raised previously. The people who created this Celtic tiger during bleak economic times have a right to have their issues raised. One of the key issues concerning older people is that of carers. I compliment the Minister concerned on increasing the carer's leave entitlement from 15 months to two years. A person in employment can now take two years' leave of absence to look after a person who does not want to go into residential home care or a person who sadly may have a short-term terminal illness. The employer does not have to pay the employee but the latter is entitled to reap the reward of having paid his or her PRSI. Such a carer is entitled to receive €180 per week. An important development is that the carer does not have to be related to the person who requires caring. In other words, the carer does not have to be a family member but simply a person who is defined by a doctor as being able to care for a person who needs medical care in his or her own home.

Yesterday a report of the court proceedings of the Meath school bus tragedy heard that further summonses were to be issued to CIE in regard to a bus that was known to be a danger to the public and that had a known defect that could easily have been detected had it been checked. There was a repeat of a similar tragedy in Clara and a further accident occurred in south Roscommon only two weeks ago. I call on the Minister for Education and Science to demand a full audit of the CIE school busfleet.

It cannot be said that the same dangers apply to the private operators contracted to provide a transport service for students. In circumstances where such comments emerged yesterday, surely parents with children travelling to school must be concerned about their safety. The Minister said there is a low incidence of accidents occurring. Luckily that is the case but it is only luck that is resulting in the current safety record. If vehicles with known defects are being used, that is a scandal and it must be quickly dealt with.

Agricultural research and development is slowly disappearing, which is a tragedy for agriculture and those involved in agricultural training. Teagasc sold much of the property and lands throughout the country used for research and development in the past and few remain. We read that a national educational institution such as UCD is proposing to continue to sell further lands at Lyons Estate, which it purchased in the late 1950s or early 1960s and at which its department of agriculture developed a strong research and development centre. Some 500 acres were sold for the development of playgrounds, a golf course and a leisure centre.

It is understood that the UCD authorities are about to sell the remaining part of the Lyons Estate for a similar development. I ask the Acting Leader to request the Minister for Education and Science to immediately consult the authorities in UCD to ensure this will not happen. The people in UCD who are pushing this sale want to stay in Dublin city and develop agricultural policies from there rather than travelling from there to observe the reality at the coalface. I ask the Acting Leader to contact the Minister for Education and Science as a matter of urgency to prevent the disposal of these properties.

One of the most important recent appointments was that of Professor Drumm as the head of the Health Service Executive. A major reorganisation of administration of the health service and matters related to health is under way and there is widespread concern about the effects of these changes on various communities.

We have heard contributions in this House on a number of occasions from EU Commissioners, Members of the European Parliament and others.

I would like to ask the Acting Leader to tell the House whether he might raise with the Committee on Procedure and Privileges the possibility of getting Professor Drumm to come to the House for a full and frank discussion with Members about his philosophy, his objectives and other matters relating to the health service in general. Perhaps we should consider whether it will be possible to arrange such a debate in the context of the reorganisation that is taking place and the appointment of Professor Drumm, who has a major responsibility for the whole health service.

Before Easter, I asked the Leader of the House to tell Senators when the Minister for Justice, Equality and Law Reform was likely to introduce legislation on press freedom. I referred in particular to the establishment of a press council. I was told that the Minister anticipated that the legislation in question would be prepared just before Easter.

Around the same time, I asked the Leader to tell the House when the Minister of State, Deputy Brian Lenihan, intended to publish the review of crèche regulations, particularly in light of media reports highlighting concerns about the management of the care of small children. I was told that the review of the regulations would be published around Easter. Neither the press freedom legislation nor the review of the crèche regulations have been published, even though Easter has come and gone.

I would like the Acting Leader to tell the House as soon as possible when the media legislation will be introduced and the review of the crèche regulations will be published. I would like a debate in this House on the review of the crèche regulations, in particular. I am sure such a debate will probably not be necessary, but I would like it to take place nevertheless.

I support Senator Daly's request to the Acting Leader to clarify whether it would be possible for Professor Brendan Drumm to address the House. As a member of the Joint Committee on Health and Children, I was present during a most worthwhile meeting of the committee, at which Professor Drumm was in attendance, approximately a month ago. The House would benefit greatly from a question and answer session with Professor Drumm.

As we are aware, the unique personal relationship between public representatives and the electorate is the bedrock of Irish democracy. It is a feature of politics at Oireachtas and local authority levels. I was saddened to learn last Friday that the Taoiseach said during a visit to County Donegal that he was unaware of the extent of the crisis in the health service in that county. While it may have been an off-the-cuff remark, it has some relevance.

It would be too easy to ask why the filtering system, or conduit, between Fianna Fáil's representatives in County Donegal and the Cabinet is not working, as such a question would cast the five Fianna Fáil Deputies in the county as scapegoats. We need to ask a bigger question as part of the real debate that needs to take place on this issue. I congratulate Senator Daly for contributing to the debate this morning by asking the Acting Leader to inquire into the possibility of Professor Brendan Drumm coming to the House. The big question that needs to be asked is whether a small party should hold ultimate responsibility for a serious portfolio like health. Should we allow such an arrangement to continue?

I do not think the Seanad has any power in that regard. It is a matter for the Taoiseach.

Senator McHugh should apply for Professor Drumm's job.

The Acting Leader will have an interesting reply on this subject.

We are all aware of the anomalies in the health system. Senator Daly has reflected the frustration of many people in this regard. Some members of his parliamentary party expressed their frustration last night. The people of Donegal have been ventilating their frustration for nine years, but they are not being heard.

Hear, hear.

The Taoiseach said in Donegal that he is unaware of the crisis. What is happening? We should start the debate on this issue by considering whether, as a democracy, we should authorise the transfer of ultimate responsibility for the health service to a smaller party that does not have a mandate from the whole country.

I do not think that is fair. I do not think the Seanad has any power in that regard. I do not think it is an appropriate matter for debate in the House.

The Progressive Democrats will have to find a candidate in County Donegal.

The Acting Leader will have to think of a reply.

I would like to start by responding to the final speaker, but I will wait.

The Progressive Democrats are supposed to be the meat in the sandwich.

Senator Brian Hayes welcomed the announcement that was made by the Christian Brothers today in respect of St. Michael's national school in Inchicore. He spoke in general terms about the planning, development and construction of schools. He asked whether legislation is needed to ensure that schools are provided in newly-developed areas. He was joined by Senators Ormonde and Glynn in calling for the Minister for Education and Science to come to the House for a debate on the matter. I agree that such a debate would be welcome, as it would give the Minister for Education and Science, who was in the House recently, an opportunity to outline her policies in this regard. I will endeavour to arrange such a debate.

Senator Brian Hayes discussed a new phase of criminal activity, involving car trafficking, in the Dublin area. Senator Terry also spoke about that issue. Senator Hayes asked me to convey to the Minister for Justice, Equality and Law Reform his proposal that vehicle recognition systems, like those in Northern Ireland, be installed in Garda patrol cars. I will be happy to communicate that worthy proposal to the Minister, Deputy McDowell.

Senator O'Toole spoke about the Neary report in the context of Judge Maureen Harding Clark's report on her return visit to Our Lady of Lourdes Hospital in Drogheda. While we join Senator O'Toole in congratulating Judge Harding Clark on the report she compiled, which was debated in full in this House, it would be remiss of us not to refer to a similar report in which Mr. Tom Flynn, who is the assistant national director of the Health Service Executive, responded to some of the points made in the Neary report.

I do not want to detract in any way from what Judge Harding Clark has said, or undermine in any way the report she has produced, but it is fair to recognise and acknowledge what Mr. Flynn said this morning. He pointed out that action has been taken by the HSE. The development of a new national epidemiology centre in Cork was announced within three days of the publication of the Neary report. The appointment of an executive management board was approved within two weeks of the publication of the report. Doctors have been informed of the timeframe within which the board will be put in place. They have been put in touch with their counterparts in other hospitals in which similar boards are in place. A national review of maternity services is under way and is due to be completed in June. The HSE's action may not have been taken as quickly as people would have liked, but it is right that it is working to a timeframe in conjunction with the medical practitioners. We have to consider the issue in its entirety.

Senator McCarthy raised the same issue. I think I have dealt with that. He also spoke about the Tánaiste's non-attendance at this week's conference of the Irish Nurses Organisation.

She refused to attend the conference.

It is incorrect to suggest she refused to attend the conference. On 25 October 2005, the Tánaiste received an invitation to attend an international conference in Pennsylvania. She agreed to attend the conference. On 18 January last, she received a request from the INO to attend its conference. She replied to the INO on 24 February, stating that she was unable to attend its conference because she had an existing diary commitment in Pennsylvania. She nominated the Minister of State, Deputy Brian Lenihan, to attend the conference on her behalf. I have outlined the facts of the paper trail. The Tánaiste did not refuse to attend the INO conference. She has never refused to attend anything at any stage.

She refused to attend the INO conference. It is the first time in 50 years that a Minister has failed to attend an INO conference.

The Tánaiste did not receive any communication from the INO after she sent it the letter of 24 February until it sought its soundbites this week.

That is unfair.

I am led to believe that——

Now we are talking.

I have given the facts. She would have been quite happy to facilitate the INO at any stage.

By going to Pennsylvania.

She had made a prior commitment to attend a very important international conference. I think that deals with that issue.

Senator McCarthy also spoke about on-line motor taxation. He was joined by Senator Glynn in raising the question of non-insured drivers, an issue which he had raised on a previous Order of Business about the sale of cars and the need for insistence on motor insurance. The Senator has also highlighted a loophole as regards on-line taxation and that is something on which we will seek clarification from the Minister for the Environment, Heritage and Local Government.

Senator Ó Murchú raised the issue of tourism and the role of bed and breakfast facilities in particular. We all value their contribution to the tourism industry. A general debate on tourism would be welcome in the House. I am not sure whether we have had one, but it is something we should seek, where——

It would be timely.

——these issues can be highlighted. I will endeavour to arrange for such a debate in the near future.

Senator Coghlan raised the question of the abolition of the groceries order and the recent survey reported in The Sunday Times. In fairness, we have had the debate on the groceries order, and in terms of the abolition’s impact the report may be premature. The abolition came into effect only a couple of months ago and we must see how matters unfold. However, it is an issue that must be kept under review and in the fullness of time the Minister for Enterprise, Trade and Employment, Deputy Martin, should come to this House to address the success of the initiative.

Or the failure.

Senator Henry raised the important issue of forensic medical services. In light of recent media reports, it is somewhat disturbing that there is a conflict between medical professionals. In everyone's interest it is vitally important that as a society we have confidence in our forensic services, particularly given the linkage with court cases and the judicial process. A debate on that area should be facilitated in the House. She also raised the legislative programme and the new coroners Bill. I will have to come back to the Senator on that, as I do not have the answer to hand.

Senator Terry raised the issue of sexual health, particularly as regards young people, and the broad educational programme in this area. Again, this is something that must be kept to the fore continually, given the statistics that appear regularly in the newspapers about the increased incidence of sexually transmitted diseases, STDs, particularly among the young. She also raised the issue of AIDS and Ireland's contribution to a worldwide policy for dealing with that issue. As she said, the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, plays an active role in our overseas development. He comes regularly to the Seanad to talk about overseas aid and we will endeavour to raise this matter on his next visit to the House.

Senator White raised the issue of age and ageism and sought a debate on the subject of carers and the elderly. Those of us who heard one of the enumerators of the census recently on radio describing how he had detected the fear and loneliness among the elderly people he visited were affected. It is a subject of which we are all conscious and we should have regular debates on age and ageism in this House. I will raise that with the Leader.

Senator Ulick Burke raised the recent bus crash and reports that further summonses were to be issued. I will not comment on that aspect in particular, but the whole question of an audit of bus fleets should be examined. A review of the roadworthiness of all public transport is something that must be ongoing. We have the NCT and various other tests and it is not acceptable that any vehicle which is not fully operational or safe should be on the road. Again, I will bring those comments to the attention of the Minister for Education and Science. The Senator also raised the issue of the agripolicy vis-à-vis the Lyons Estate, UCD, and I will relay his comments in this regard to the Minister.

Senator Daly, joined by Senator Feeney, raised the issue of Professor Drumm addressing the House, which is rightfully a matter for the Committee on Procedure and Privileges. Senator Feeney confirmed that Professor Drumm addressed the Joint Committee on Health and Children recently. He spoke at the Progressive Democrats annual conference and other party conferences and he is well worth listening to. However, the question as to whether people should be brought into the House is a matter for the CPP. There is a forum in the committee system, which we are all entitled to attend and we should concentrate on that area. If we were to open the doors to invite everyone to address the full Seanad, I am not sure whether that would be the right way to go. That is a personal opinion.

Senator O'Meara raised the issue of legislation in two regards, the matter of a press council and the child care regulations. She is correct that the House was told around Easter that the legislation would be coming this term. I cannot tell the Senator it will be next week because I do not know. My understanding, however, is that both pieces of legislation are imminent.

That brings me to Senator McHugh who gave the House a lecture on democracy. Then he undermined democracy by saying members of a junior party in Government should not hold a ministerial role. That is a matter for Government and for the Taoiseach who allocates the ministerial offices.

It will be a matter for the people the next time.

If he is suggesting a whole new democratic system in which Cabinet positions will be graded on the basis of the number seats a party holds, that is a whole new invention——

The Government has done this before.

Following his initial comments on democracy the Senator then went on to speak against it.

I just asked the question.

The less said about that——

The Donegal democrat.

I suppose the excuse one can offer is that there is an election in the air.

Order of Business agreed to.
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