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Wednesday, 15 Nov 2017

Written Answers Nos. 103-122

IBRC Investigations

Questions (103)

Pearse Doherty

Question:

103. Deputy Pearse Doherty asked the Taoiseach when the Commission of Investigation into the Irish Bank Resolution Corporation will finish its work and report to him. [48322/17]

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Written answers

The IBRC Commission is due to report on the first module of its work, in relation to the Siteserv transaction, by the end of December 2017. However, as I informed Opposition representatives when I met them yesterday, the Commission is now of the view that its investigation into Siteserv could take a further twelve months i.e. until December 2018 and that it will be seeking an extension of its timeframe.

NAMA Investigations

Questions (104)

Pearse Doherty

Question:

104. Deputy Pearse Doherty asked the Taoiseach when the Commission of Investigation (National Assets Management Agency) will finish its work and report to him. [48323/17]

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Written answers

In accordance with its terms of reference the Commission is due to provide a final report on the first module of its work, the sale by NAMA of its Northern Ireland loan portfolio known as Project Eagle, by the end of June 2018, subject to section 6 (6) of the Commissions of Investigation Act 2004.

Company Returns

Questions (105)

Michael Healy-Rae

Question:

105. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Business, Enterprise and Innovation the process in place for the late filing of the annual return form B1 (details supplied); and if she will make a statement on the matter. [48351/17]

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Written answers

One of the conditions for qualification for the audit exemption is that the annual returns and financial statements of the company are filed on time.  Companies have up to ten months from the end of their financial year to file their financial statements.

The requirement for a company to file its annual return on time is an important transparency measure.  The financial statements and other information that accompany the annual return provide important safeguards for third parties such as suppliers, creditors and employees by giving access to financial information in relation to a company.  It is important that this information is provided on a timely basis to be meaningful. 

The loss of audit exemption is a long-standing rule that dates back to the Companies (Auditing and Accounting) Act 2003 and is central to creating a culture of compliance and supporting good corporate governance practices.  Before that time compliance with filing deadlines was only 13% while today the compliance level is at 90%, a dramatic increase that is associated with the introduction of the audit exemption rule.  Compliance is not posing a difficulty for the vast majority of companies. 

In 2011, the Company Law Review Group, CLRG, reconsidered the rule on the loss of the audit exemption.  It considered several arguments in favour of abolishing the rule but did not consider any to be sufficiently compelling to outweigh the benefits of maintaining the rule.  The group also noted that the majority of companies meet their filing deadlines.  As a result, it recommended no change to the loss of the audit exemption for the late filing of annual returns. 

Currently, under the Companies Act 2014, a company may apply to the High Court and District Court for an extension of the time to file an annual return.  If granted, there is no loss of audit exemption. 

The Companies (Statutory Audits) Bill 2017, published on 6 November last, proposes amendments to section 343 of the Companies Act 2014 concerning applications for an extension of time to file an annual return.  These amendments relate to the District Court whereby, it may “if it is satisfied that there are exceptional circumstances for it to do so, make an order waiving, in that particular case, the fee required by the Registrar for the delivery of an annual return later than such period.”  In that case, the audit exemption will be lost.  This is similar to the position that obtained before the 2014 Act whereby a company could apply to the Registrar for fees to be waived.

Action Plan for Jobs

Questions (106)

Niamh Smyth

Question:

106. Deputy Niamh Smyth asked the Tánaiste and Minister for Business, Enterprise and Innovation her plans and the plans of the State's industrial promotion agencies to assist in job creation and in the maintenance of existing employment throughout counties Cavan and Monaghan in 2017. [48276/17]

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Written answers

The North East/North West Regional Action Plan for Jobs, which includes counties Cavan and Monaghan, is a key policy response for supporting employment in the Border region. The Plan is stimulating job creation and job retention across the region by facilitating collaborative initiatives between the public and private sector, in conjunction with the provision of new competitive funds, awarded through Enterprise Ireland (EI) to support regional enterprise development projects.

The core objective of the Action Plan is to have a further 28,000 at work in the region by 2020. The Plan is also aiming to ensure that the regional unemployment rate is within the 1% of the State average.

Sectors targeted as part of the plan include traditionally strong sectors for the region like agri-food, manufacturing/engineering and tourism. The Local Authorities, enterprise agencies, and other key public and private sector stakeholders in Cavan and Monaghan have been strongly involved in, and are key drivers of the Action Plan through an Implementation Committee.

The second progress report on the implementation of the Action Plan, covering the period to June 2017, was published recently and shows that good progress was made. Over 96% of the actions due to be completed or progressed by June 2017 were on track.  The progress report is available at www.regionalapj.ie.

Since this regional initiative was launched in January 2015, 6,000 jobs were created in the Border region. The unemployment rate in the region has also fallen from 10.2% in Q1 2015 to 6.6% in Q2 2017.  Furthermore, Live Register numbers have fallen in County Cavan by 16.4% and in County Monaghan by 14% in the past 12 months and by 45% and 51% respectively since 2012.

Enterprise Ireland together with the Local Enterprise Offices (LEOs) play a critical role in driving and nurturing entrepreneurship all the way from an originating idea at local level, to taking-on global markets. In the period 2014 -2016, Enterprise Ireland provided over €11m to client companies in Cavan and €8m to Monaghan and has funded six Community Enterprise Centres which provide important enterprise hubs to these counties.

In May of this year, Enterprise Ireland launched a new competitive Regional Enterprise Development Fund to assist counties and regions build enterprise capability and capacity.  The Fund will support significant collaborative regional initiatives to build on specific industry sectoral strengths and improve enterprise capability, thereby driving job creation.  

The LEOs in Cavan and Monaghan continue to provide a range of supports for the micro and small business sector in 2017 and beyond through a partnership approach involving the Local Authorities and Enterprise Ireland. As a “first-stop-shop”, the LEOs provide advice and guidance, financial assistance and other supports to those wishing to start or grow their own business. A capital allocation of €452,428 was made available to LEO Cavan and €439,001 to LEO Monaghan in 2017 to fund investment in its clients by way of grants and a range of “soft” supports, such as training and mentoring.

Progress has also been made by IDA Ireland towards achieving its target of increasing FDI in the North-East region by 30% to 40% by 2019. There are currently 12 IDA supported companies in Cavan and Monaghan. I understand that the existing client base has performed well to date and is sustaining a total of 1,340 IDA supported jobs.

Company Law

Questions (107)

Robert Troy

Question:

107. Deputy Robert Troy asked the Tánaiste and Minister for Business, Enterprise and Innovation her views on a matter (details supplied); and the reason for the change. [48381/17]

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Written answers

The loss of audit exemption is a long-standing rule that dates back to the Companies (Auditing and Accounting) Act 2003 and is central to creating a culture of compliance and supporting good corporate governance practices.  Before that time compliance with filing deadlines was only 13% while today the compliance level is at 90%, a dramatic increase that is associated with the introduction of the audit exemption rule.  Compliance is not posing a difficulty for the vast majority of companies. 

Prior to the enactment of the Companies Act 2014, a company could apply to the Registrar of Companies to waive the late filing fee.  If the Registrar granted such a waiver, the audit exemption would be lost.  Section 343(7) of the Companies Act 2014 replaced this system with an application to the District Court for an extension to the annual return date.  As the application is for an extension of time, rather than a waiving of late filing fees, there is no loss of the audit exemption. 

The Companies Act 2014 was commenced on 1 June 2015.  The number of Orders granted by the District Court in the course of 2016 was more than double the number of waivers granted by the Registrar in 2014 under the previous scheme.  This is a matter for concern as the timely filing of financial statements by companies is an important transparency measure and safeguard for third parties such as suppliers, employees and other creditors.  Companies have up to 10 months to prepare and file their financial statements.  Any further delay risks making that information less meaningful to those third parties. 

The Companies (Statutory Audits) Bill 2017 was published on 6 November last. 

Section 9 of the Bill provides for an amendment to section 343 of the Companies Act 2014, deleting subsection (7), whereby it is proposed that the application to the District Court for an extension of time to file an annual return and retain the audit exemption will no longer apply. 

Instead, in section 10 of the Bill, a further section (section 343A) is included after section 343 relating to the District Court whereby, it may “if it is satisfied that there are exceptional circumstances for it to do so, make an order waiving, in that particular case, the fee required by the Registrar for the delivery of an annual return later than such period.”  In that case, the audit exemption will be lost.  This is similar to the position that obtained before the 2014 Act whereby a company could apply to the Registrar for fees to be waived. 

Tribunals of Inquiry

Questions (108)

Alan Kelly

Question:

108. Deputy Alan Kelly asked the Tánaiste and Minister for Business, Enterprise and Innovation if she has engaged with the disclosures tribunal; if not, the reason therefor; and if she will make a statement on the matter. [48425/17]

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Written answers

The Oireachtas established the Tribunal of Inquiry earlier this year. I do not comment on the work of the Disclosures Tribunal, which is wholly independent in its work. I fully respect and support the work of the Tribunal and it is a matter for the Tribunal how it operates.

Primary Medical Certificates

Questions (109)

John Brassil

Question:

109. Deputy John Brassil asked the Minister for Finance his plans to address the appeal process for the primary medical certificate; and if he will make a statement on the matter. [48269/17]

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Written answers

As the Deputy is aware, a Primary Medical Certificate is required to claim the tax reliefs provided under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme.  The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria to receive a Primary Medical Certificate. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual.

Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.

I am informed by the Medical Board of Appeal that it has held one clinic per year, for the past five years, in Cork City. The Medical Board of Appeal will consider holding a clinic in other areas if there is enough demand to justify the significant costs associated with holding a regional clinic and also if suitable clinical facilities can be accessed.  

Central Bank of Ireland

Questions (110)

Pearse Doherty

Question:

110. Deputy Pearse Doherty asked the Minister for Finance the status of the Central Bank engagement with a bank (details supplied) regarding the behaviour of a company; and if he will make a statement on the matter. [48327/17]

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Written answers

While the Central Bank cannot comment on individual interactions with regulated entities, I am informed by the Bank that it is engaging with Ulster Bank Ireland DAC (Ulster Bank) in relation to this matter.

In November 2016, Royal Bank of Scotland (RBS) announced a complaints process and refund of complex fees for SME customers in Global Restructuring Group (GRG) and indicated publically that “a customer is in-scope for the new complaints process if they were a small or medium sized enterprise under the control of GRG in the United Kingdom or Republic of Ireland between 1 January 2008 and 31 December 2013”. 

Ulster Bank wrote to relevant customers in the Republic of Ireland earlier this year. The GRG Customer Helpdesk can be contacted by emailing GRGCustomerHelpdesk@rbs.co.uk or by calling  ROI 1800 882 779 (or International 0044 184 222 6142).

The Central Bank encourages all GRG customers who have concerns or issues to fully engage with the complaints process, which I expect the Central Bank to oversee.  More information is available at:

http://digital.ulsterbank.ie/business/grg-announcement.html.

Garda Stations

Questions (111)

Niamh Smyth

Question:

111. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform the status of a new Garda station (details supplied), in view of the fact the current building is not fit for purpose; and if the new station will be given priority. [48294/17]

View answer

Written answers

The Office of Public Works and the Chief State Solicitors Office continue to progress the acquisition of the preferred site for the proposed project as a high priority and expect the process to reach a conclusion shortly.

Parking Provision

Questions (112)

Niamh Smyth

Question:

112. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform the number of car parking spaces that are being provided by both the public and Civil Service in counties Cavan and County Monaghan. [48275/17]

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Written answers

The table below shows the number of car spaces in Cavan and Monaghan that are provided by the Commissioners of Public Works. The figures are combined totals of car parking spaces at leased and State-owned properties. The Commissioners are not in a position to provide information on car parking that may be provided by other public and civil service organisations.

County

No Of Car Spaces

Cavan

186

Monaghan

142

Departmental Meetings

Questions (113)

Róisín Shortall

Question:

113. Deputy Róisín Shortall asked the Minister for Public Expenditure and Reform the reason for the cancellation of the scheduled meeting to discuss the outcome of his Department's scoping exercise that was due to take place on 2 November 2017 between union representatives and his departmental officials; if the meeting will proceed as soon as possible; if a date can be given for this; and if he will make a statement on the matter. [48428/17]

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Written answers

In considering the particular matter regarding entitlements for community service supervisors, regard must be had to the costs and precedent of such an arrangement were one to be created. A scoping exercise is currently being finalised by officials in this Department and should be completed later this year.  Due to unforeseen circumstances, it was necessary to postpone the meeting scheduled for 2nd November.  A meeting of the Forum has been arranged to discuss the scoping exercise in the coming weeks. 

It continues to be the position that state organisations are not the employer of the particular employees concerned and that it is not possible for the State to provide funding for such a scheme. The employees in question are, or were, employees of private companies notwithstanding the fact that the companies concerned are, or were, reliant on State funding.

Schools Building Projects Status

Questions (114)

Michael Healy-Rae

Question:

114. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will address a matter regarding a new school building for a school (details supplied); and if he will make a statement on the matter. [48268/17]

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Written answers

As the Deputy is aware a project for the school referred to is included in my Department’s 6 year Capital Programme.

In that regard, I wish to advise the Deputy that my Department has arranged a meeting in the coming week with the school authority and Patron with a view to discussing the proposed project and progression of same.

Third Level Charges

Questions (115)

Ruth Coppinger

Question:

115. Deputy Ruth Coppinger asked the Minister for Education and Skills his views on Ireland having the second highest third level fees in Europe (details supplied); and if he will make a statement on the matter. [48274/17]

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Written answers

In accessing third level education in this State, students may be liable to pay tuition fees and a student contribution. Being cognisant of the financial pressures this can place on these students and their families, the Government provides assistance through a number of measures.

The Free Fees Initiative was introduced in 1995 by the then Government to assist third level undergraduate students in publicly funded higher education institutions. Currently, under the terms of the Initiative, the Exchequer meets the cost of tuition fees in respect of eligible students who are pursuing full-time undergraduate courses of study which are a minimum of two years duration in an approved higher education institution. The main conditions of the scheme are that students must be first-time undergraduates, hold inter alia EU/EEA/Swiss nationality in their own right, and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course.

The student contribution charge currently stands at €3,000 and applies to all full-time students who benefit under the Free Fees Initiative. However, it is important to recognise that the State pays this contribution (or part of it) on behalf of approximately 43% of undergraduate students as they qualify on means-tested grounds for exemption from the contribution under the Student Grants Scheme.

Tax relief provisions are also available so that second and subsequent siblings do not have to bear the full cost of the student contribution. In addition, higher education institutions have provisions in place to allow students to pay the contribution in at least two moieties. 

In addition, the Department provides financial support via the student grant scheme which makes means-tested financial assistance available to qualifying full-time registered students in higher education attending approved courses in the EU, EEA and the Swiss Confederation. Under the terms of the scheme, grant assistance is awarded to students on full-time courses who meet the prescribed conditions of funding including those relating to nationality, residency, previous academic attainment and means. In 2017 approximately €380m will be invested in student grants.

Higher education is a central part of our plan as a Government to support a strong economy and deliver a fair society. However, there is a significant cost to providing higher education opportunities and these costs have to be met. The most appropriate means of meeting these costs was considered by the expert group on future funding which reported to me in 2016. The expert group's report sets out a number of options for a long term sustainable funding model for the higher education sector.

As set out in the Programme for Government, I referred the Report of the Expert Group on Future Funding for Higher Education to the Oireachtas Joint Committee on Education and Skills.  I look forward to receiving the Committee's recommendations which will assist in facilitating informed decision-making for the future direction of funding for higher education.

While the Committee are undertaking this important work, I have been working in the interim to secure additional funding for higher education. This commitment is reflected in Budget 2018 in which the higher education sector will benefit from a total investment package of €60m in additional funding in 2018. This funding is on top of the €36.5m that I secured for 2017 and which is being provided again in 2018. In total, we will be investing €100m more in higher education in 2018 than in 2016.

This additional funding will allow for targeted initiatives in higher education including skills programmes, performance and innovation funding, technological university development and apprenticeship costs in the sector. It will also allow for places to be provided for 2,100 additional students in 2018.

 

Schools Building Projects Status

Questions (116)

Niamh Smyth

Question:

116. Deputy Niamh Smyth asked the Minister for Education and Skills the status of a new school (details supplied) in County Cavan; if a timeframe for works has been set out; the date on which works are due to commence; the length of time these works will take; and if he will make a statement on the matter. [48296/17]

View answer

Written answers

The project to which the Deputy refers is currently at tender stage. Subject to no issues arising it is anticipated that construction will commence in the 2nd quarter of 2018 and the project is expected to take approximately 27 months to complete.  

Pupil-Teacher Ratio

Questions (117)

Niamh Smyth

Question:

117. Deputy Niamh Smyth asked the Minister for Education and Skills the estimated cost of reducing the pupil-teacher ratio at primary level in counties Cavan and Monaghan. [48297/17]

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Written answers

Budget 2018 marks the second year of major reinvestment in the education sector, as we continue to implement the Action Plan for Education, which has the central aim to make the Irish Education and training service the best in Europe within a decade.

Budget 2018 provides for an additional 1280 teaching posts in the 2018/19 school year. This includes a one point improvement in the staffing schedule in primary schools which brings the position to the most favourable ever seen at primary level.

These changes will come into effect in September 2018 for the 2018/19 school year.

It is expected that this one point improvement in the staffing schedule when implemented in September 2018 will further improve the overall ratio of teacher to students. The latest figures in relation to pupil teacher ratio show an improved ratio of teachers to students from 16:1 to 15.7:1 at primary level when comparing the 2015/16 school year to the 2016/17 school year.

The increase in teacher numbers in the current school year as a result of Budget 2017, will be reflected in the ratio of teachers to students when this information is published at the end of the school year.

Each 1 point adjustment to the primary staffing schedule is estimated to cost in the region of €16.5m per annum.

Schools Site Acquisitions

Questions (118)

Richard Boyd Barrett

Question:

118. Deputy Richard Boyd Barrett asked the Minister for Education and Skills his views on whether it is acceptable that a school (details supplied) is still without a permanent home; his plans to issue a compulsory purchase order to facilitate the access needed; and if he will make a statement on the matter. [48343/17]

View answer

Written answers

As the Deputy will be aware, access to the permanent site for the school to which the Deputy refers, is a complex planning issue. Since June 2017, my Department has met with a third-party landowner on a number of occasions with a view to negotiating an acceptable solution to the access issue. As these are commercially sensitive negotiations it is not possible to comment further at this stage. All aspects are being progressed in close liaison with the local authority in order to ensure that a further planning application has the best likelihood of success. My Department is fully committed to bringing this project to a satisfactory conclusion as soon as the planning issues have been resolved.

As the Deputy may be aware my Department does not have statutory Compulsory Purchase Order powers. These can only be undertaken by Local Authorities in order to assist in the acquisition of land for educational use.

School Textbooks

Questions (119)

Denise Mitchell

Question:

119. Deputy Denise Mitchell asked the Minister for Education and Skills the reason a school (details supplied) has yet to receive textbooks from his Department for the new politics and society course for the leaving certificate curriculum despite being previously informed that these books would be available from 1 September 2017; and when these textbooks will be provided to the school. [48346/17]

View answer

Written answers

The Department of Education and Skills does not publish or promote school textbooks for any subject, at any level. Where textbook publishers wish to produce books for any particular subject, this is entirely at the discretion of publishers. Equally, it is at the discretion of teachers and schools should they wish to use textbooks where these are available. The Department, through both the Professional Development Service for Teachers (PDST) and the National Council for Curriculum and Assessment (NCCA), has provided training, guidance and resources for teachers in Politics and Society since Phase One of the subject’s introduction began in 2016, and will continue to provide such support, including online support. Participating teachers have also been supporting each other by pooling and sharing resources, with the encouragement of the PDST. As this subject is so strongly rooted in current affairs, and is so strongly linked with active, student-centred methodologies, these are other factors which suggest that the absence of textbooks should not be seen as a drawback to delivery of the subject in any way.

The Department has had no involvement in any apparent guarantee to produce textbooks by September 2017, but is happy to advise that sample examination papers have now been made available by the State Examinations Commission. These can be accessed at the links:

https://www.examinations.ie/misc-doc/BI-EX-25277051.pdf.

https://www.examinations.ie/misc-doc/BI-EX-32783695.pdf.

These sample papers, following on from sets of sample questions provided previously to teachers by the NCCA, should help to give a general indication of what the eventual examination papers may look like, but it is important to stress that teaching and learning should always focus on what is required in the subject specification primarily, not in textbooks or examination papers.

Schools Building Projects Status

Questions (120)

Denise Mitchell

Question:

120. Deputy Denise Mitchell asked the Minister for Education and Skills when the permanent school building for a school (details supplied) will be completed and ready for use. [48348/17]

View answer

Written answers

The major building project referred to by the Deputy is at an advanced stage of architectural planning - Stage 2(b), which includes the applications for Planning Permission, Fire Certificate and Disability Access Certificate and the preparation of Tender Documents. Notification to grant Planning Permission was granted by the Local Authority on 8th November 2017, a final grant of Planning Permission is awaited. Fire Certificate and Disability Access Certificate applications have been lodged.

Once the Stage 2b (Detailed Design) submission is completed and submitted to the Department for review, my Department will revert to the school with regard to the further progression of the project at that time.

School Accommodation Provision

Questions (121)

Seán Fleming

Question:

121. Deputy Sean Fleming asked the Minister for Education and Skills when all funding and arrangements will be in place for a school (details supplied) to move to a new location; and if he will make a statement on the matter. [48367/17]

View answer

Written answers

I can confirm to the Deputy that the school in question has submitted a proposal to my Department relating to alternative accommodation for the school. The proposal is currently being considered and a decision will be conveyed to the school authority as soon as the assessment process has been finalised.

Residential Institutions Redress Scheme Eligibility

Questions (122)

Niamh Smyth

Question:

122. Deputy Niamh Smyth asked the Minister for Education and Skills the reason a person (details supplied) has never received compensation after years of attending Letterfrack, County Galway industrial school. [48404/17]

View answer

Written answers

The legacy of abuse against children and young people, whether in residential institutions, in day schools, or in any other setting, is appalling. It is impossible to even imagine what some of these people have gone through. There is a National Counselling Service, run by the Health Service Executive which provides counseling services to those who have been abused in childhood, with priority given to those abused in residential institutional care.   Perhaps, this service may be of assistance.

While there was a redress scheme in place for people who had suffered abuse in a number of scheduled institutions, it is no longer open to new applicants.   The Residential Institutions Redress Amendment Act, 2011 removed the Board's power to accept late applications received on or after the 17th September 2011.

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