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Tuesday, 20 Feb 2018

Written Answers Nos. 118-133

Army Barracks

Questions (118)

Eamon Ryan

Question:

118. Deputy Eamon Ryan asked the Taoiseach and Minister for Defence the number of soldiers in transit fulfilling routine barrack duties for Cathal Brugha barracks; and the number of the 128 temporary beds identified as beds for soldiers in transit and carrying out training at this location. [8623/18]

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Written answers

The provision of military accommodation is based on operational requirements. There are currently 159 transit/training beds available in Cathal Brugha barracks. This represents an increase of 31 beds in recent times, brought about by a reclassification of accommodation.

As the need arises, military units tasked with duties in the capital are accommodated in Cathal Brugha barracks. The number of personnel actually accommodated at any one time varies according to the operational requirements. For operational and security reasons, details of troop numbers at military locations cannot be disclosed.

Departmental Properties

Questions (119)

Róisín Shortall

Question:

119. Deputy Róisín Shortall asked the Taoiseach and Minister for Defence the number of vacant habitable dwelling units and vacant derelict residential dwelling units in the ownership or part ownership or under the control of both his Department and agencies under his remit; the county in which each unit is located; the length of time each unit has been vacant, in tabular form; and if he will make a statement on the matter. [8662/18]

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Written answers

My Department has been engaged on an ongoing programme of barracks consolidation since 1998. The entire property portfolio is under continual review and it is my Department’s policy to dispose of properties that are surplus to military requirements. The properties outlined below are the vacant residential dwelling units currently in the ownership of my Department.

County

Property

Condition

Date vacated

Cork

1 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

2 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

3 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

4 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

5 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

6 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

7 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

8 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

9 Sidney Terrace, Collins Barracks, Cork

non habitable

2007

Cork

The Lodge, Fort Templebreedy, Crosshaven

requires significant refurbishment

2017

Dublin

17 Cathal Brugha Barracks, Rathmines Dublin 6

requires significant refurbishment

2013

Dublin

22 Cathal Brugha Barracks, Rathmines Dublin 6

requires significant refurbishment

2009

Dublin

23 Cathal Brugha Barracks, Rathmines Dublin 6

non habitable

2009

Kildare

23 Orchard Park, Curragh

requires significant refurbishment

2016

Kildare

85 Orchard Park, Curragh

requires significant refurbishment

2016

Brexit Negotiations

Questions (120)

Micheál Martin

Question:

120. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has spoken with Mr. Michel Barnier recently. [8472/18]

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Written answers

Our Permanent Representation in Brussels, my officials and I remain in regular contact with Michel Barnier and his Taskforce to ensure that Ireland’s interests continue to be advanced and protected in the EU-UK negotiations.

I have met with Mr Barnier on four occasions since taking office, most recently in advance of the General Affairs Council (Article 50) in Brussels on 12 December 2017. We spoke in detail about the commitments and principles on Irish-specific issues set out in the Joint Report of 8 December and the necessary follow-up and implementation required. I thanked him for his continued support for Ireland in face of the unique challenges that we face in the context of Brexit.

At the General Affairs Council (Art. 50) on 29 January, Mr Barnier updated Ministers on the overall state of play of negotiations. The Council also adopted supplementary negotiating directives mandating the European Commission Taskforce to open negotiations with the UK on a transitional arrangement. I was unable to travel on account of other pressing business and Ireland was represented by the Minister of State, Helen McEntee.

I look forward to attending the General Affairs Council (Art. 50) on 27 February, at which Michel Barnier will present a further update to EU27 Member States at this important point in the negotiations. I will seek to meet him bilaterally also.

Passport Applications Data

Questions (121)

Aindrias Moynihan

Question:

121. Deputy Aindrias Moynihan asked the Tánaiste and Minister for Foreign Affairs and Trade the number of persons waiting to have passport applications processed through the Passport Office; and if he will make a statement on the matter. [8213/18]

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Written answers

The Passport Service is currently processing over 58,000 passport applications. These applications are going through the normal checking, processing and security stages. The turnaround timeframe for processing a passport application will depend on the channel through which the application is submitted.

The highest proportion of applications are submitted through the Passport Express postal channel. The current average turnaround time for applications submitted through Passport Express is 16 working days, owing to a high volume of applications received over the first six weeks in 2018. It is expected that the turnaround time will return to the target turnaround time of 15 working day in the coming weeks.

The target turnaround time for the Online Passport Renewal Service is 10 working days plus postage. The vast majority of online applications are being processed within 7 working days, well ahead of the target. The online service is fast, secure, convenient and available to adult citizens renewing their Irish passports from anywhere in the world.

My Department continues to closely monitor the level of passport demand to ensure that all resources, including staffing, are effectively deployed. The Passport Service has received sanction for 210 Temporary Clerical Officers (TCOs) this year to be appointed to the Passport Offices in Dublin and Cork. Training for the first intake of TCOs has already commenced, with a sizeable proportion already in place. All TCOs are expected to be fully trained and in place by the end of March at latest.

The fact that turnaround times have not significantly deviated from targets despite the large increase in volume of applications so far this year reflects the hard work and professionalism of Passport Service staff. Service improvements, such as the introduction of the Online Passport Application Service that launched last year, will continue to make a major contribution to the effective management of these exceptionally high volumes.

In all cases, applicants should not book travel until in possession of a valid passport and should allow plenty of time for a passport to issue in case any problems with the application arise in the course of processing. I am grateful to Deputies for their continued assistance in advising constituents to visit the Passport Service webpage on my Department’s website (www.dfa.ie/passport) before applying, and to sign up for our passport renewal reminder service at www.eforms.gov.ie/en/reminder/passport/.

Passport Applications Data

Questions (122)

Aindrias Moynihan

Question:

122. Deputy Aindrias Moynihan asked the Tánaiste and Minister for Foreign Affairs and Trade the timeframe for a passport application to be processed through the Passport Office; and if he will make a statement on the matter. [8214/18]

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Written answers

As the Deputy will be aware, the Passport Service provides a range of application channels, each of which is designed to accommodate applicants’ circumstances. These channels include postal, online, and in-person options. The turnaround timeframe for processing an application will depend on the channel through which the application is submitted. The highest proportion of applications are submitted through the Passport Express postal channel.

From 1 January – 16 February, the Passport Service received over 129,000 applications, an increase of 16% on the same period last year. In order to respond to seasonal demands and anticipated application increases, the Passport Service has received sanction for 210 Temporary Clerical Officers (TCOs) this year to be appointed to the Passport Offices in Dublin and Cork. Training for the first intake of TCOs has already commenced, with a sizeable proportion already in place. All TCOs are expected to be fully trained and in place by the end of March at latest.

The current average turnaround time for applications submitted through Passport Express is 16 working days. It is expected that the turnaround time will return to the target turnaround time of 15 working day in the coming weeks as more TCOs are trained and placed.

The target turnaround time for the Online Passport Renewal Service is ten working days plus postage. The vast majority of online applications are being processed within 7 working days, well ahead of the target. The online service is fast, secure, convenient and available to adult citizens renewing their Irish passports from anywhere in the world. As take-up of the Online Passport Application service increases, it will enhance overall passport processing capacity and contribute to reducing turnaround times for all channels.

The average turnaround time for postal applications submitted through the Passport Office in London is currently 4 weeks for renewals with a minimum of 7 weeks for first-time applications due to additional security checks. Applicants resident in Great Britain also have the option of submitting Passport Express applications through two selected post offices in Liverpool and Glasgow with applications submitted through this channel taking an average 17 working days to process.

Applications submitted through Irish Embassies and Consulates are currently taking a minimum 6 weeks to process from the date the application is registered at the Passport Office. Delivery times will vary depending on the location of the applicant. I would urge applicants wishing to renew their passports who reside overseas, including Great Britain, to avail of the online passport renewal service where possible.

The Passport Service operates a counter service in both the Dublin (Mount Street) and Cork offices where applicants who need their passport application processed in timeframes shorter than those offered by the Passport Express and online facility can be accommodated in certain circumstances.

In all cases, applicants should not book travel until in possession of a valid passport and should allow plenty of time for a passport to issue in case any problems with the application arise in the course of processing. I am grateful to Deputies for their continued assistance in advising constituents to visit the Passport Service’s webpage on my Department’s website (www.dfa.ie/passport) before applying, and to sign up for our passport renewal reminder service at www.eforms.gov.ie/en/reminder/passport/.

Diplomatic Immunity

Questions (123, 124)

Thomas P. Broughan

Question:

123. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions Ireland is involved in at UN level regarding the parameters of diplomatic immunity for UN employees and other diplomatic staff; and if he will make a statement on the matter. [8524/18]

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Thomas P. Broughan

Question:

124. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions Ireland is involved in at UN level regarding diplomatic immunity for diplomats accused of crimes including alleged child abuse; and if he will make a statement on the matter. [8525/18]

View answer

Written answers

I propose to take Questions Nos. 123 and 124 together.

The effectiveness of the UN depends on its positive reputation as a force for good in the world. It is therefore critical to the performance and reputation of the organisation that its staff operate to the highest standards. Sexual exploitation and abuse by UN staff, whose fundamental objective is to protect and care for innocent civilians, is absolutely unacceptable.

When attending the opening of the 72nd session of the UN General Assembly last September, I participated in the high-level meeting on the Prevention of Sexual Exploitation and Abuse convened by the UN Secretary General, António Guterres. I welcome Secretary General Guterres’ appointment of Jane Connors as the UN’s first Victims’ Rights Advocate for victims of sexual exploitation and abuse. Ireland fully supports the placing of the rights and dignity of victims of sexual exploitation and abuse at the forefront of the UN’s prevention and response efforts in this area.

Secretary General Guterres has also revised UN policies on investigations and disciplinary processes, and strengthened protections for those who report harassment. The UN Secretary General has also launched a gender parity strategy which will address gender and power imbalances that lie at the root of harassment.

Mr. Guterres has also made clear that sexual exploitation and abuse is a problem of the entire United Nations and is not restricted to peacekeeping. He has acknowledged that the majority of the cases of sexual exploitation and abuse are committed by the civilian organisations of the United Nations, and not in peacekeeping operations.

In this respect Mr. Guterres has requested the UN’s Agencies, Funds and Programmes, which carry out vital work in the field, to adopt new measures and strengthen existing ones to better prevent, detect, report and take action against personnel, who commit what he rightly describes as inexcusable and abhorrent acts. I recall that the Convention on the Privileges and Immunities of the United Nations provides that privileges and immunities are granted to officials and experts in the interests of the United Nations and not for the personal benefit of the individuals themselves. These privileges and immunities are rightly accorded to allow UN staff members to carry out their work in often difficult circumstances. The Secretary-General has “the right and the duty to waive the immunity of any official [or expert] in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations. In the case of the Secretary-General, the Security Council shall have the right to waive immunity.”

Any case of exploitation or abuse, any case where the trust placed in the UN by all of us is broken, is one case too many. The UN can only meet its responsibilities as a force of good for our shared world if its staff and actions are beyond reproach. The UN must therefore have the systems and policies in place which provide transparency and accountability, and Ireland will continue to support the Secretary General as he implements such policies.

Brexit Documents

Questions (125)

Stephen Donnelly

Question:

125. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade if his Department is specifically preparing a paper or papers examining the impact of a hard, soft and WTO or cliff edge scenario Brexit on Ireland; if so, the date work on the papers commenced; the status of these papers; the expected publication date; his plans to make them available to the public; and if he will make a statement on the matter. [8538/18]

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Written answers

As Tánaiste and Minister for Foreign Affairs and Trade with special responsibility for Brexit, I have responsibility for coordinating the whole-of-Government response to Brexit, which is being advanced through the cross-Departmental coordination structures chaired by my Department which bring together the results of the detailed work which is being undertaken by individual Departments.

Intensive work on a no-deal or worst-case outcome was initiated in the late autumn. Its focus is on the immediate regulatory and operational challenges which would result from such an outcome. It assumes a trading relationship based on the default WTO rules, but also examines the possible effects on many other areas of concern. This work is therefore providing baseline scenarios for the impact of Brexit across all sectors, which can then be adapted as appropriate in light of developments in the EU-UK negotiations, including in regard to transition arrangements and the future relationship. It also takes account of the planning being undertaken at EU level by the new Commission Preparedness Unit, which is issuing information notes aimed at different business sectors.

Distinct but closely related work on the economic and sectoral impacts of various Brexit scenarios continues to be taken forward by individual Departments and agencies, as well as by stakeholder organisations, academics and others. The most recent major publication in this regard is the report released last week on Strategic Implications for Ireland arising from changing EU-UK Trading Relations, an independent expert study commissioned by the Department of Business, Enterprise and Innovation.

This report provides analysis of the likely impact of various Brexit scenarios on the Irish economy as a whole and on key sectors. It will help in the further preparation of our priorities for the negotiations and the consideration of possible additional mitigation actions over and above the many which are already in train. A number of further important studies are underway with a view to publication in the coming weeks and months.

The outcome of the European Council (Article 50) on 23 March should provide a better picture of the direction of travel in the negotiations. This will provide a basis on which the Government will publish a new paper in the coming months on our approach to the negotiations, our latest assessment of the economic and sectoral challenges posed by Brexit, as well as those of a regulatory and operational character, and our responses to them.

Departmental Properties

Questions (126)

Róisín Shortall

Question:

126. Deputy Róisín Shortall asked the Tánaiste and Minister for Foreign Affairs and Trade the number of vacant habitable dwelling units and vacant derelict residential dwelling units in the ownership or part ownership or under the control of both his Department and agencies under his remit; the county in which each unit is located; the length of time each unit has been vacant, in tabular form; and if he will make a statement on the matter. [8666/18]

View answer

Written answers

My Department does not own or control any vacant habitable dwelling units or vacant derelict residential dwelling units. Any properties or land occupied by the Department of Foreign Affairs and Trade in the State are rented and discharged by the Office of Public Works.

Brexit Negotiations

Questions (127, 128, 129)

Stephen Donnelly

Question:

127. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to maintain the backstop within the December 2017 Brexit agreement as it relates to Northern Ireland; and if he will make a statement on the matter. [8734/18]

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Stephen Donnelly

Question:

128. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade the enforcement mechanisms that he is seeking to be included in the legal text that will give effect to the 8 December 2018 phase 1 agreement on the UK's departure from the EU and in particular paragraph 49; and if he will make a statement on the matter. [8767/18]

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Stephen Donnelly

Question:

129. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Foreign Affairs and Trade if he has had formal or informal discussions with his EU counterparts regarding the 8 December 2018 phase 1 agreement on the UK's departure from the EU and in particular paragraph 49; the commitment (details supplied) given in the agreement that can be enforced; and if he will make a statement on the matter. [8768/18]

View answer

Written answers

I propose to take Questions Nos. 127 to 129, inclusive, together.

The decision of the European Council (Article 50) on 15 December that sufficient progress had been made in phase 1 of the EU-UK negotiations, and that they could now move to phase 2, was very welcome.

The decision by the European Council that sufficient progress had been achieved was taken on the basis of a recommendation from the EU’s lead negotiator, Michel Barnier, based on the principles and commitments set out in the Joint Report from the EU and UK negotiators published on 8 December 2017, including as regards Irish-specific issues.

It included clear commitments on the maintenance of the Common Travel Area, and on the protection of the Good Friday Agreement in all its parts and the gains of the peace process. Crucially, there is a guarantee that a hard border, including any physical infrastructure and associated checks and controls, will be avoided, and there are commitments as to how this will be achieved. Avoiding a hard border is described as an “overarching requirement.”

In the event that it is not possible to resolve the border issue as part of a wider EU-UK future relationship agreement, which has always been and remains the Government’s preference, or through specific solutions proposed by the British Government, there will be a firm back stop in the UK’s commitment that it will maintain full alignment with those rules of the Customs Union and Single Market which support North South cooperation, the all-island economy and protect the Good Friday Agreement in all its parts. Moreover, such an arrangement must be compatible with the UK’s guarantee of avoiding a hard border.

These very strong political commitments and guarantees must now be reflected in the Withdrawal Agreement, which will be legally binding and must be agreed before the UK’s departure from the EU on 29 March 2019. Detailed and intensive engagement between Irish officials and the Taskforce is now under way as the Taskforce prepares a first draft of the Withdrawal Agreement, which on approval by the Council (Article 50) will be the basis of negotiations with the UK.

This engagement includes work on elaborating the mechanisms to ensure implementation and oversight of the arrangements, as referred to in paragraph 51 of the Joint Progress Report. Such mechanisms will need to be effective and workable.

Moreover, the additional negotiating Guidelines adopted by the European Council (Article 50) on 15 December make clear that negotiations in phase two can only progress as long as all commitments undertaken in the first phase of the negotiations are respected in full and translated into legal terms as quickly as possible through the elaboration of the formal Withdrawal Agreement, including with regard to the Irish-specific issues.

I and my officials continue to set forward Ireland’s position on these issues at EU level through the General Affairs Council (Art. 50) and the relevant preparatory bodies as well as through bilateral contacts with Michel Barnier and the EU Taskforce and EU27 counterparts. My ongoing programme of bilateral engagement has, most recently, included my meetings with Foreign Minister Linas Linkevièius of Lithuania and Foreign Minister Angelino Alfano of Italy, which took place on 13 and 14 February respectively.

Loan Books Purchasers

Questions (130)

Jackie Cahill

Question:

130. Deputy Jackie Cahill asked the Minister for Finance if he will address a matter (details supplied) relating to the housing crisis; and if he will make a statement on the matter. [8064/18]

View answer

Written answers

As the Deputy will be aware, most loan agreements include a clause that allows the original lender to sell the loan on to another firm.

The Consumer Protection (Regulation of Credit Servicing) Act 2015 (“the 2015 Act”) was introduced to fill the consumer protection gap where loans are sold by the original lender to an unregulated firm. Credit Servicing Firms are typically firms that manage or administer credit agreements such as mortgages or other loans on behalf of unregulated entities.

Under the 2015 Act, if the firm who bought loans from the original lender is an unregulated firm, then the loans must be serviced by a ‘credit servicing firm’ . Loans can be sold by regulated entities to entities that are not regulated by the Central Bank of Ireland (the Central Bank).

Credit servicing firms must act in accordance with the requirements of Irish financial services law that applies to ‘regulated financial service providers’. This ensures that consumers, whose loans are sold to another firm, maintain the same regulatory protections that they had prior to the sale, including under the various Statutory Codes of Conduct issued by the Central Bank.

The Code of Conduct on Mortgage Arrears (CCMA) is a key part of the Central Bank’s Consumer Protection framework. It is a statutory Code first introduced by the Central Bank in February 2009, with the current CCMA becoming effective from 1 July 2013. The CCMA provides a strong consumer protection framework, aimed specifically at the process to be followed by relevant firms with each borrower by reference to that borrower’s individual circumstances, to ensure borrowers in arrears or pre-arrears in respect of a mortgage loan secured on a primary residence are treated in a timely, transparent and fair manner by reference to that’s borrower’s individual circumstances.

Regulated entities, including credit servicing firms servicing loans on behalf of unregulated loan owners, are all required to comply with the CCMA. The overriding objective of the CCMA is to ensure the fair and transparent treatment of consumers in mortgage arrears or pre-arrears, and that due regard is had to the fact that each case of mortgage arrears is unique and needs to be considered on its own merits. The CCMA recognises that it is in the interests of borrowers and regulated firms to address financial difficulties as speedily, effectively and sympathetically as circumstances allow. It sets out the MARP, a four-step process that regulated entities must follow:

Step 1: Communicate with borrower;

Step 2: Gather financial information;

Step 3: Assess the borrower’s circumstances; and

Step 4: Propose a resolution

Each regulated entity must consider the borrower’s situation in the context of the solutions they provide, which may differ from firm to firm. The CCMA includes requirements that arrangements be sustainable and based on a full assessment of the individual circumstances of the borrower and that repossession be used only as a last resort. The CCMA does not prescribe the solution which must be offered. A regulated entity may only commence legal proceedings for repossession where the firm has made every reasonable effort under the CCMA to agree an alternative repayment arrangement with the borrower or his/her nominated representative, and the specific timeframes set out in the CCMA have been adhered to or the borrower has been classified as not co-operating.

Housing Data

Questions (131)

Jackie Cahill

Question:

131. Deputy Jackie Cahill asked the Minister for Finance if an audit of the number of residential properties now in the ownership of a bank (details supplied) will be carried out by his Department; the plans the bank has to place those properties on the market to help ease the housing shortage; and if he will make a statement on the matter. [8065/18]

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Written answers

AIB had 690 Residential Properties held as Mortgagee In Possession at year end 2017. AIB has worked in collaboration with the Housing Agency throughout 2017 to make all suitable residential assets available for purchase directly by the Housing Agency. At year end a total of 771 properties were offered with 260 of these sold. AIB will continue with this project in 2018.

Housing Data

Questions (132)

Jackie Cahill

Question:

132. Deputy Jackie Cahill asked the Minister for Finance if an audit of the number of residential properties owned by a bank (details supplied) will be carried out by his Department; the plans the bank has to place those properties on the market to help ease the housing shortage; and if he will make a statement on the matter. [8066/18]

View answer

Written answers

In relation to Bank of Ireland, as at the end of 2017, the Group had 87 residential properties in possession, which included 20 sale agreed. The majority of the remainder were either on the market for sale or being prepared to go on the market.

I understand that the Housing Agency which is under the remit of the Minister for Housing, Planning & Local Government is currently assessing the suitability of a number of empty properties which are being offered to the State for purchase as social houses by banks and private equity funds.

Housing Data

Questions (133)

Jackie Cahill

Question:

133. Deputy Jackie Cahill asked the Minister for Finance the number of residential properties owned by a bank (details supplied); if an audit of the number of residential properties owned by the bank will be carried out by his Department; the plans the bank has to place those properties on the market to help ease the housing shortage; and if he will make a statement on the matter. [8067/18]

View answer

Written answers

I am informed by the Central Bank of Ireland that from its perspective, specifically in relation to the number of residential properties owned by the subject bank (Ulster Bank), under Section 33AK of the Central Bank Act 1942 the Central Bank is not in a position to provide any specific information in this regard. However, on the 14th December 2017 the Central Bank issued the latest statistical release of the Residential Mortgage Arrears and Repossessions Statistics: September 2017. The release reports the total number of PDH and BTL residential properties in possession for banking entities at the beginning of Q3 2017 is 2,374. For more information the referenced statistical release can be found here.

I understand that the Housing Agency which is under the remit of the Minister for Housing, Planning & Local Government is currently assessing the suitability of a number of empty properties which are being offered to the State for purchase as social houses by banks and private equity funds.

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