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Seanad Éireann debate -
Wednesday, 23 May 2018

Vol. 258 No. 5

Commencement Matters

Digital Archiving

I welcome the Minister of State. I requested the presence of the Minister for Culture, Heritage and the Gaeltacht to address the upcoming Copyright and Other Intellectual Property Law Provisions Bill 2018 in the knowledge that it would soon be taken in the Chamber. It was my hope some clarity could be provided on the amendment to section 198 of the principal Act. It is my belief and that of many within libraries and the heritage sector that there is a serious omission from the amendment that will result in an increasing hole in national memory which will make the future understanding of our society difficult. This is a live issue as the average life of a web page is 100 days. Currently, legal deposit legislation provides that a library, for example, has a responsibility to obtain every hard copy publication in the State. That provision needs to be adapted for the digital age. Libraries must be able to harvest the ".ie" domain. We entrust them with the responsibility to collect hard copies and it is time to do the same for digital formats. The consultation process on the Bill came within the remit of the Department of Culture, Heritage and the Gaeltacht, but the Bill comes within the remit of the Department of Business, Enterprise and Innovation. I wonder whether if the two Departments are talking about this. Have they explored the recommendations made in the report of the copyright review committee?

The Minister for Culture, Heritage and the Gaeltacht thanks the Senator for raising this issue. Legal deposit legislation is an important instrument in national cultural policy. In most countries it is relied on to ensure the published output of the nation is collected and preserved by one or more prescribed institutions in order that citizens and researchers within the country and abroad will be guaranteed permanent access to the intellectual and cultural memory of the nation.

Under the Copyright and Related Rights Act 2000, there are 13 prescribed institutions that are legal deposit libraries, of which the National Library of Ireland is one. The remainder include the main university libraries such as Trinity College Dublin, the National University of Ireland and the University of Limerick, as well as UK-based libraries such as the British Library and the national libraries of Wales and Scotland. Last year the Department of Culture, Heritage and the Gaeltacht undertook a public consultation process on the legal deposit of published digital material in the 21st century in the context of copyright legislation. A total of 42 submissions were received in response from members of the public, publishers and the library and archives community. In the consultation process the views of stakeholder were sought on whether policy on legal deposit should include the collecting, preserving and making available of all contemporary publication formats, including online digital formats such as websites.

I will summarise the findings of the consultation process. There was general agreement that a failure to provide for policy extensions to keep pace with technology would have serious consequences for academic research and access to information for Irish citizens and could lead to an increasing digital black hole. There are opportunities to innovate and explore new ways of interrogating data, as well as recognition of the fundamental principle of the provision of continuing access to information as part of a fully functioning society. Access to material under copyright should be balanced with respect for the privacy of the individual, the rights of content creators and publishers, for whom their content is their economic livelihood. Responses from national libraries in other European countries highlighted the fact that such legislation was in situ in their countries and was, in effect, a best international practice requirement in this area.

The Copyright and Related Rights Act 2000 is the responsibility of my colleague, the Minister for Business, Enterprise and Innovation. In March the Department of Business, Enterprise and Innovation published the Copyright and Other Intellectual Property Law Provisions Bill 2018, which includes a provision to amend the Copyright and Related Rights Act 2000 aimed at broadening the copyright deposit system to enable existing copyright deposit institutions to accept published material in digital format, as well as, or instead of, physical copies.

This amendment is aimed at broadening the copyright deposit system to enable existing copyright deposit institutions to accept published material in digital format as well as, or instead of, physical copies. The amendment will allow copyright deposit institutions to accept publications in electronic format on a voluntary basis while creating an obligation on publishers to comply with any request for such material in electronic format. The Bill is on Second Stage in the Dáil and the Department of Culture, Heritage and the Gaeltacht continues to liaise with the Department of Business, Enterprise and Innovation regarding it.

I thank the Minister of State. His response was extremely positive until the second last paragraph which stated that the amendment would allow copyright deposit institutions to accept publications in electronic format and require publishers to comply with any request. It is impossible for the National Library of Ireland, for example, to contact the several million websites we have in this country. It has already swept the ".ie" domain and it cannot obviously display that information on site at the library or online for the public to see. As such, we need stronger legislation.

The current proposal is silent on web archiving. The copyright review group proposed legislation, including a provision to the effect that it would not be an infringement of the rights conferred in the Act if a board or authority reproduced any work made available in the State through the Internet. We will seek to propose amendments if the Bill remains as it is when it comes to the Seanad. It would be disappointing if we allowed the Bill to go through the Oireachtas without making this amendment and allowed the legislation to remain silent on web archiving.

I understand the points the Senator makes. They appear to be valid suggestions. He makes the point that submission of the data would be on voluntary basis and the Bill should be strengthened in that regard. As I outlined, the Bill is on Second Stage in the Dáil and there is still ample opportunity for the Houses to deal with some of that detail, in particular on Committee Stage. The submissions which have been made can be reviewed. In that context, amendments can certainly be made to the legislation if the Houses so approve.

Waterways Issues

The development of the Shannon-Erne waterway has been one of the unsung benefits of the Good Friday Agreement. It is a flagship cross-Border project which involved the major reconstruction of many canal structures to make them suitable for modern cruisers. The canal was opened to traffic on 23 May 1994 on time and within budget. Since that time, the link has opened thousands of miles of navigable waterways in both the Republic and Northern Ireland. It links the two great waterways on our island, namely, the Erne system and the Shannon navigation. As Waterways Ireland states on its website, the waterway has opened up countryside which few had ever seen.

Over the past few decades, this tranquil stretch of water has grown in popularity, in particular in the towns and villages along its length. One can travel by boat now from Limerick to Enniskillen. The beauty of this waterway system is incredible and must be seen to be believed. Unsurprisingly, it has become a major attraction for both domestic tourists and visitors from all corners of the world. It has also been of significant benefit to local economies along the route as tourists stop off at towns and villages while cruising the waterways. A number of boat hire companies have also been created over the years offering barges and cruisers for weekend trips or week-long journeys. Walking and bike trails have also been developed along the route of the waterways.

There has been some concern in recent times at the introduction of restricted lock-opening times on the Shannon-Erne canal system. Since the canal system was reopened in 1994, the automated locks have been operational between 9 a.m. and 8 p.m. from April to the end of October. This year, however, Waterways Ireland restricted the operating times from 9 a.m. to 6 p.m. until 16 May. A number of local people have contacted my office to tell me this restriction will also apply from mid-September to the end of October. Of course, any restrictions will have a knock-on effect on the towns and villages which benefit from the waterways. Waterways Ireland must do all it can to ensure the waterways system is marketed to the fullest extent to ensure these towns and villages have the opportunity to maximise its benefits. This includes ensuring maximum access to the water for tourists and boating enthusiasts to maximise traffic potential. I am also interested to know what Waterways Ireland’s targets are in this regard.

Waterways Ireland has informed the Minister for Culture, Heritage and the Gaeltacht, Deputy Josepha Madigan, that the Shannon-Erne waterway locks will be open daily from 9 a.m. to 8 p.m. as of 17 May 2018 onwards throughout the summer season. Operational hours will continue to be subject to ongoing review to ensure Waterways Ireland delivers a high-quality service to waterway users in the most efficient and effective manner.

Waterways Ireland measures boat traffic by the number of lock passages. There were 1,600 lock passages at lock 1 on the Shannon-Erne waterway in 2017 and 1,439 passages at lock 16. It is expected that the 1,600 lock passages recorded will be exceeded in 2018. According to visitor monitoring devices, there were 155,273 user incidents, which is a mix of walkers and cyclists, in 2017. Waterways Ireland expects in excess of 160,000 locals and visitors to experience walking and cycling along the Shannon-Erne in 2018. One of Waterways Ireland's main goals, with the support of the Department of Culture, Heritage and the Gaeltacht, is to inspire more people to discover and enjoy recreational activities on inland waterways and to explore the rich environment and heritage attractions along the 1,000 km of navigation in its care.

The Shannon-Erne waterway runs between Leitrim village and just north of Belturbet and comprises 63 km of river, lake and still-water canal which links the two great waterways on the island, the Erne system and the Shannon navigation. Over the past two decades, this tranquil stretch of water has grown in popularity, particularly in the towns and villages along its length. Cruisers and barges move freely along its waters, mooring in some of the six fully serviced public marinas found along its length.

There are 16 locks which are managed electro-hydraulically by a smart card which helps ease passage through the locks while a number of boat hire companies offer barges and cruisers for hire. Waterways Ireland currently avails of a number of social media platforms such as Facebook, Instagram, Twitter and YouTube to promote the use of the Shannon-Erne waterway as well as through its own publications and website. Waterways Ireland highlights the tranquillity that can be found at the heart of the Shannon-Erne waterway as well as the opportunities for walking and cycling adjacent to the waterway. Waterways Ireland highlights in particular for visitors the Ballyconnell canal walk, Ballinamore canal bank walk and cycle route, the Leitrim village to Kilclare walk and the Kingfisher cycle trail, which has its starting point in Ballinamore. Waterways Ireland also draws attention to the local mountains for the more adventurous among visitors and the myriad of wildlife that can be observed along the route. Anglers are assured of finding a paradise of fishing and several golf courses in the area are also highlighted for potential enthusiasts.

The Minister informs me that Waterways Ireland has targeted a growth rate of 5% overall and aims to achieve it through a strategic marketing plan. "Head into the Blue" and "Blueway do it your way" are the taglines used to promote the Shannon-Erne blueway which showcases a staggering 70 km of paddling trails from Leitrim village to Belturbet while connecting with the Erne system at Crom Estate. Along with its partners, Fáilte Ireland, the Irish Sports Council, the National Trails Office and Canoeing Ireland, Waterways Ireland markets 15 individual paddling journeys on lakes, rivers and canals. Trailheads, access points and services are all shown on downloadable maps available on the Waterways Ireland website. The paddling trails are complemented by 30 km of walking loops and linear trails along with 12.5 km of superb cycling options around Ballinamore. In addition to the marketing of the Shannon-Erne waterway itself, Waterways Ireland also promotes accommodation and culinary options in the surrounding areas.

The spring campaign to market the Shannon-Erne blueway for 2018 ran across national radio, national and regional press, both print and online, as well as across social networks and Waterways Ireland's website. It included familiarisation trips for journalists to the Shannon and Erne systems. Waterways Ireland's extensive events programme delivers new events on the Shannon-Erne waterway, encouraging greater spectator and participants to the waterways.

The development of the brochure "The Life Aquatic" focused on the Shannon-Erne system and the delivery of business to activity and hospitality providers along its length. The brochure also had an online persona and was shared and promoted across social media networks, providing people with lots of reasons to stop, stay and explore.

In line with Project Ireland 2040, the Minister, Deputy Madigan, and staff of the Department of Culture, Heritage and the Gaeltacht are striving to protect the natural heritage which provides the setting and inspiration for our island's creative output. Critical investment in our inland navigable waterways will benefit both rural communities and our national tourism. Deputy Madigan's Department will continue to facilitate, support and assist the work of Waterways Ireland in this endeavour.

I thank the Minister of State for his comprehensive response and note again that the Shannon-Erne waterway is a truly wonderful asset which has seen many spin-offs.

As the Minister of State noted, one of them is the Shannon-Erne blueway which features 70 km of paddling trails from Leitrim village to Belturbet. The trail is complemented by more than 30 km of beautiful walking and cycling trails around the town of Ballinamore. Needless to say in the context of this discussion, other towns such as Keshcarrigan, Ballinamore and Newtowngore need to have the greatest possible access to tourists who use the Shannon-Erne canal system in order that they can avail of the benefits of tourism.

I live in Boyle which is close to Lough Key forest park and residents of the town also have access to the River Shannon. We can do much more with this natural resource, especially given that the weather changes little throughout the year. We should further develop this cross-Border project that has provided great joy for many people on the island and further afield since 1994 and before the Good Friday Agreement was signed.

I do not believe the Senator and I could do any more to promote the Shannon-Erne waterway through Waterways Ireland than we have in our contributions. As someone from west Cork, I have a strong sense of my county's natural assets and the need to promote them. Therefore, it goes a little against the grain to promote the Senator's local area, but I do not resent doing so. I congratulate him and hope he will continue to promote it.

Court Accommodation Refurbishment

I thank the Minister of State, Deputy Jim Daly, for coming to the House to discuss the refurbishment of the courthouse in Roscommon town. I raised this matter many times with the Minister for Justice and Equality, Deputy Charles Flanagan, most recently on his visit last week to Roscommon and Galway. I emphasise the importance of the project and the need for it to proceed in a timely fashion. I am aware that it was included in Project Ireland 2040.

Facilities in Roscommon courthouse which has two courtrooms are inadequate and not fit for purpose in a modern courts system. Great work has been done in recent years to support vulnerable witnesses in the courts process. The current facilities in Roscommon courthouse are not adequate in that regard. Locations at which family law sittings take place, including Roscommon town, have a particular need for special protection measures for witnesses. This very much highlights the importance of the work carried out.

A certain amount of work has been done in respect of Roscommon courthouse. When Roscommon County Council moved from Roscommon courthouse into its new Áras on Chontae building, the Courts Service which had occupied the other part of the courthouse purchased the entire building. That is a positive development which I hope highlights a commitment to modernise the entire building to facilitate the Courts Service. I understand that, when completed, the project will include the development of a third courtroom, judicial chambers, consultation rooms, custody facilities, as well as facilities for staff, jurors and members of the legal profession. What is the timeframe for completion of the Roscommon courthouse project under Project Ireland 2040?

On behalf of the Minister for Justice and Equality, I thank the Senator for raising this matter. The Minister acknowledges her interest in the subject and regrets that he is unable to be present.

The Senator will be aware that a significant courts building programme was included in the Government's 2012 infrastructure stimulus package which included the construction and extension or refurbishment of seven courthouses in Drogheda, Letterkenny, Limerick, Wexford, Waterford, Cork and Mullingar, respectively. The Minister is pleased to confirm that new courthouses have been delivered in Drogheda, Letterkenny, Wexford, Limerick, Waterford and Cork since June 2017, with the final project, Mullingar courthouse, due to be completed in the coming weeks. The total capital cost of this initiative is approximately €149.9 million.

In terms of scale, the courts public private partnership, PPP, bundle project is the largest capital building project ever undertaken by the Courts Service, delivering 31 courtrooms and 36,000 sq. m of accommodation nationwide. The Government's investment of more than €523 million in courts infrastructure between 2003 and 2016 underlined its continued commitment to improving access to justice and providing modern and comfortable facilities for all users of the courts.

A number of further developments related to Courts Service accommodation requirements are outlined in the Government's recent national development plan 2018 to 2027. They include further new or refurbished courthouses in regional cities and county towns where facilities remain substandard, including Roscommon, Galway, Wicklow town, Portlaoise and Tralee, and further provincial locations such as Tuam and An Clochán Liath or Dungloe, with the latter to serve as the Gaeltacht court for the region; regional family law centres; and a nationwide condition survey of all court buildings in the estate which will be undertaken to determine their condition and identify works required to address any issue identified and meet ongoing maintenance requirements. The precise allocation and timing of additional funding over the entire ten-year period will be determined following further detailed planning and analysis to determine the prioritisation of projects from a timing and budgetary perspective.

As the Senator is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. The Courts Service has advised that, on completion of the courts bundle PPP programme of work, five provincial city and county town venues will still be in need of major investment in court facilities. They are Roscommon, Galway city, Wicklow town, Portlaoise and Tralee. The Courts Service has confirmed that, collectively, these cities and towns will be the next priority for investment in courthouse facilities outside the capital under the Courts Service provincial capital building programme. However, the Courts Service has assured the Minister that it is committed to providing improved court facilities in Roscommon town, one of a small number of county towns where a new or refurbished courthouse remains to be provided.

The Minister is aware of the shortcomings in the court facilities in Roscommon courthouse. The Courts Service has confirmed that the capacity of the courtrooms is limited and that facilities for court users are not satisfactory. The Senator will be aware of the historical significance of Roscommon courthouse. The Courts Service confirms that the current courthouse which was built in the 1830s comprises two courtrooms, is in poor condition and lacks the facilities expected in a modern courthouse. The aim of the Courts Service is to refurbish and extend the courthouse to provide three courtrooms, with current plans envisaging one jury courtroom and two non-jury courtrooms, as well as related facilities, including judicial chambers, consultation rooms, custody facilities and facilities for staff, jurors and members of the legal profession. The refurbished courthouse will also provide improved accessibility.

The Courts Service has further informed the Minister that, until recently, the courthouse was occupied jointly by Roscommon County Council and the Courts Service. In 2017, with a view to facilitating the envisaged refurbishment works, the Courts Service purchased the council's share of the building and now owns the entire courthouse.

As I explained, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. As I indicated, the Courts Service has advised that now that the new and refurbished courthouses at seven provincial city and county town venues have almost all been delivered, it will move to concentrate on the five provincial city and county town venues still in need of major investment in court facilities, including Roscommon. It confirms that they will, collectively, be the next priority for investment in courthouse facilities outside the capital under the Courts Service provincial capital building programme.

On behalf of the Minister, I thank the Senator for raising this matter and giving the Minister an opportunity to provide an update on the planned refurbishment of Roscommon courthouse. The Courts Service has informed the Minister that it will keep the issue of Roscommon courthouse under review.

I thank the Minister of State for his positive response. As I stated, the purchase by the Courts Service of the entire Roscommon courthouse building, part of which had previously been used by Roscommon County Council, is a positive development as it indicates a commitment to commence works at the courthouse. I would like to have a timeframe for completion of the building project. I will continue to work closely with the Minister on the issue.

As an aside, I welcome the students and staff from Kilteevan national school in Roscommon who are accompanied by a number of parents. I am thrilled that they are visiting the House. I spent time with some of the students on Monday and their many questions showed that they had a very bright future ahead of them. Perhaps some of them might sit in this Chamber in the years ahead. I welcome them to the House.

I, too, welcome our visitors.

I welcome the students from Kilteevan national school to the Seanad. I am sure they are proud to see one of their public representatives highlighting the need for better infrastructure for the Courts Service in County Roscommon.

I am sure it is a proud moment for all of them. I hope they enjoy their visit to the Oireachtas. I again thank the Senator. Her duty, as a public representative, is to maintain momentum for the delivery of capital projects and the response I have outlined is positive. Seven projects have been completed and Roscommon courthouse is among the next five priority projects. Subject to planning and other statutory obligations being dealt with, I am assured by the Minister's reply that it will progress in a timely manner.

I am glad that Tralee courthouse has also been mentioned.

Farmers Indebtedness

I thank the Minister of State for coming to the House. I have a few specific questions related to agriculture and particularly the relationship between Revenue and his Department. What is the position on approval by the European Commission of a levy on a lower rate of stamp duty for the purposes of consolidation? Farmers are keen to know when it will happen. Will it be applied retrospectively from January?

Will the Minister of State consider making changes to the age limits for farm transfers to young trained farmers to enable those who want to take up farming to purchase from non-relatives at the lower stamp duty rate in order that they will not have to be aged under 35 years. I am particularly mindful of returning emigrants who wish to purchase land for a farming career.

Some of this year's budgetary measures related to agriculture contain sunset clauses which will end on 31 December. I refer, in particular, to stock relief for young trained farmers. Is work being done to extend it beyond this year?

Low income farmers faces pressures in complying with Revenue requirements as they have to engage accountants and so on. That is expensive when, more often that not, they record little or no profit. I acknowledge that newspapers are reporting today that dairy farmers are making increased profits, but that is not the case for many farmers in the west, particularly in County Mayo, from where I come. Simplicity is one of the attributes of an effective and good tax system. Can the reporting procedures be made simpler for farmers, particularly those on low incomes?

I am concerned about the impact of vulture funds on the farming community, particularly now that more loans will be sold off. My experience in talking to farmers who find themselves in this position is that they have performing loans but that they need them to be restructured to suit their business or income. Will the Minister of State do everything he can to force the vulture funds to engage with farmers to work out a restructuring plan with them because the vulture fund-farmer relationship is in danger of having detrimental short, medium and long-term effects on the fabric of communities in rural Ireland?

The script I have been given relates mainly to the final issue raised by the Senator, but I will get to the other points she raised.

While the Minister for Finance and Public Expenditure and Reform has responsibility for taxation matters generally, the Minister for Agriculture, Food and the Marine liaises closely with him on agri-taxation policy. A public consultation process on agri-taxation was launched recently by the Departments and we consult regularly in that regard with the farm bodies. The Senator might consider making a submission as part of the consultation process on the earlier issues raised by her.

Operationally, the Revenue Commissioners have responsibility for taxation matters. They have assured me that they understand temporary cash flow difficulties can arise for taxpayers, including farmers, from time to time. When cash flow related challenges arise or are expected to arise, Revenue encourages early engagement with it as a means to agreeing a way forward in achieving tax compliance. I am also informed by Revenue that, in its experience, where such early engagement occurs, it is generally possible to arrive at an accommodation that gets the taxpayer successfully beyond the payment pressure point. The Government has committed to assisting all viable small and medium enterprises operating in Ireland to support economic growth and employment in the economy.

Primary responsibility for banking policy lies with the Department of Finance which liaises with the Central Bank and the Financial Services and Pensions Ombudsman on consumer protection in the area of personal banking, the purchase of financial products and financial issues generally. I am informed by the Department that the sale of a loan does not change the terms and conditions attached to it before it is sold. Borrowers have the same protections and rights and obligations as they have before the sale. They include the consumer protection code, the code of conduct on mortgage arrears and the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) Regulations 2015, as amended. Notwithstanding the fact that borrowers are protected under the existing framework, the Government is supporting the Consumer Protection (Regulation of Credit Servicing Firms) (Amendment) Bill 2018 that was introduced by Deputy Michael McGrath last February. The Bill which was passed on Second Stage in the Dáil in March will require credit owners to be regulated. With the approval of the Government, officials from the Department of Finance are engaging with the Office of the Attorney General, the Central Bank and Fianna Fáil to resolve technical issues with the Bill and draft amendments.

I urge people who are having difficulty in making repayments to financial institutions to seek professional assistance in finding ways to resolve the issue. I am aware of the work being done by some of the representative organisations in helping farmers. I am conscious that the prolonged winter will have put some individual farmers under pressure in respect of cash flow. In recognition of this, the Minister for Agriculture, Food and the Marine recently met the chief executive officers of the main banks and discussed the current cash flow and liquidity position of the primary sector. The Minister emphasised to them that they should recognise the temporary and exceptional nature of the current position and that they should be flexible and put in place measures to support their customers. They indicated that there were no signs of a liquidity issue in the sector as a whole, while acknowledging that there might be pressures in individual cases. They assured us that they would provide supports such as extended overdraft facilities and term loans for their customers and asked that those in difficulty contact them as soon as possible. The Minister asked them about their approach to non-performing loans and stressed that any sale of farm assets impacted negatively on the ability to meet ongoing commitments. The banks that have sold or are selling such loans have informed us that the proportion of farms affected is relatively low and that sales occur mostly in cases in which there has been no meaningful engagement with the banks.

I thank the Minister of State for his reply. I appreciate that I asked a number of specific questions that were not indicated in the matter raised by me. I will seek further answers from the Minister for Agriculture, Food and the Marine. It is important that there be better congruence between the Departments of Finance and Agriculture, Food and the Marine to ensure farmers who are struggling with all of these issues will be given clear and accurate information and that officials within the Department of Finance and Revenue understand the nature of farming and the flexibility needed in that regard in that farmers may find themselves without an income for a number of months.

That is due, in no small part, to delayed payments by the Department of Agriculture, Food and the Marine. Such delays can be caused by computer problems, issues with commonage framework plans and so forth. That congruence can create an easier climate for farmers to be able to meet their obligations but also to be helped where needed.

I thank the Senator. Some of the issues she raised at the outset including stamp duty, stock relief and changes to the limits merit further consideration. Stock relief has certainly rolled in the past. The same is true of the capital acquisitions tax relief, the value of which has increased recently. In 2012 and 2013, a full agritaxation review was conducted for the first time in a generation. As a result of that review, there has been a more continuous and ongoing collaboration and communication between Revenue, the Department of Finance and the Department of Agriculture, Food and the Marine. That must be welcomed and it must continue so that we can fine-tune our agritaxation policy to reflect realities on the ground. That is something to which we are all committed.

Sitting suspended at 11.02 a.m. and resumed at 11.30 a.m.
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