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Wednesday, 1 Dec 2021

Written Answers Nos. 159-178

An Garda Síochána

Questions (159)

Michael Moynihan

Question:

159. Deputy Michael Moynihan asked the Minister for Justice his plans to raise the retirement age for gardaí from 60; if she has had discussions with the Department of Public Expenditure and Reform in relation to this; and if she will make a statement on the matter. [59403/21]

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Written answers

As the Deputy may be aware, the retirement of members of An Garda Síochána is governed by law, which sets the mandatory retirement age for all members at 60 years of age. Members of An Garda Síochána who joined prior to 1 April 2004 may retire on full pension at 50 years of age once they have served at least 30 years and those who joined on or after 1 April 2004 may retire on full pension at 55 years of age with 30 years service.

I can inform the Deputy that a review of the compulsory retirement age is currently being carried out by my Department. As part of this review, an examination has been undertaken of compulsory retirement ages in a number of other police services.  Consideration is also being given to the impact of such an increase of retirement age on career progression for other Garda members including the importance of career succession, operational capacity and workforce planning within An Garda Síochána.

Any changes to the maximum mandatory retirement age will need to be considered carefully and will require amendments to both primary and secondary legislation.  It is intended that detailed discussions with the Department of Public Expenditure and Reform will commence shortly.

Immigration Status

Questions (160)

Mairéad Farrell

Question:

160. Deputy Mairéad Farrell asked the Minister for Justice if her Department’s regularisation scheme will be delivered by the end of 2021; and if she will make a statement on the matter. [59405/21]

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Written answers

The Government committed to introducing new pathways to status regularisation within 18 months of its formation.  My Justice Plan 2021 also contains a commitment to create new pathways for long-term undocumented people and their dependents who must meet specified criteria to regularise their status.

I intend to publish details of the scheme shortly.

The scheme, which is a once in a generation opportunity, will provide, for those who meet its criteria, permission to remain and reside in the State and to become part of mainstream Irish society rather than living on its margins.

Successful applicants will receive an immigration permission, access to the labour market and will be able, in due course, to apply to become Irish citizens, should they wish to do so.

Visa Applications

Questions (161)

Ivana Bacik

Question:

161. Deputy Ivana Bacik asked the Minister for Justice if Irish citizens in receipt of disability allowance are required to provide evidence of cumulative income of at least €40,000 over and above any State benefits in the three years prior to sponsoring a visa application for a non-EEA national spouse. [59493/21]

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Written answers

Under my Department's Policy Document on non-EEA Family Reunification, all sponsors, that are Irish citizens, must not have been totally or predominantly reliant on benefits from the Irish State for a continuous period in excess of two years immediately prior to the application. They must also over the three year period prior to application have earned a cumulative gross income over and above any State benefits of not less than €40,000.

However, disability allowance payments are excluded from the requirement that the sponsor must not have been reliant on State benefits from the Irish State for a continuous period in excess of two years immediately prior to making the application. 

Therefore, people receiving a disability allowance are considered eligible sponsors, subject to meeting any other necessary requirements, including the €40,000 financial requirement. However, it is important to say that each application is examined by my Department on a case-by-case basis and any humanitarian factors will be taken into consideration in making a decision. 

Financial capacity is, of course, also just one of the conditions to be satisfied for family reunification to take place. 

When considering the matter of family reunification it is important to look at this in the wider context of public policy. The State must strike a fair balance between the sometimes competing interests of the individual and of the community as a whole. Economic considerations are therefore a very necessary part of family reunification policy.

While it is not proposed that family reunification determinations should become purely financial assessments, the State cannot be regarded as having an obligation to subsidise the family concerned. The sponsor must be seen to fulfil their responsibility to provide for their family members if they are to be permitted to come to Ireland.

Oireachtas Committees

Questions (162)

Róisín Shortall

Question:

162. Deputy Róisín Shortall asked the Minister for Health if he will provide an update on plans to establish a Special Joint Oireachtas Committee on international surrogacy; when she expects this Committee to commence its work; and if he will make a statement on the matter. [59367/21]

View answer

Written answers

Issues which arise from the undertaking of surrogacy arrangements in other jurisdictions concern areas of law that intersect across the remits of several Government Departments and require detailed examination. My Department is continuing to engage with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of these matters. It is expected that a proposal in this regard will be brought to Cabinet shortly.

Covid-19 Pandemic

Questions (163, 203, 204)

Carol Nolan

Question:

163. Deputy Carol Nolan asked the Minister for Health when his attention was drawn by NPHET to the fact that it was proposing to make mask-wearing for children in schools and other settings a recommendation; his response to this proposal; and if he will make a statement on the matter. [59401/21]

View answer

Carol Nolan

Question:

203. Deputy Carol Nolan asked the Minister for Health if he will make available the advice provided to government from NPHET justifying its Covid-19 related proposal to have primary school age children wear a mask; and if he will make a statement on the matter. [59400/21]

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Richard O'Donoghue

Question:

204. Deputy Richard O'Donoghue asked the Minister for Health if his attention has been drawn to the fact that parents are expressing concerns in relation to the mental health impact the wearing of masks will have on children and the future impact it will have on society (details supplied); and if he will make a statement on the matter. [59415/21]

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Written answers

I propose to take Questions Nos. 163, 203 and 204 together.

The Government, at its meeting on 30 November, agreed that face masks/coverings be recommended for those aged 9 and over on public transport, in retail and other indoor public settings as currently required for those aged 13 and over, with exemptions as appropriate. Face masks/coverings will also be recommended for children in third class and above in primary school and guidance will issue to schools from the Department of Education on this. It should be noted that this is a temporary, interim measure and will be reviewed in mid-February 2022. The continued importance of other public health measures will continue to be emphasised. The Government decision is based on a recommendation from the NPHET. The NPHET, at its meeting on 25 November, considered the question of reducing the age at which mask wearing is recommended. This issue has been subject to ongoing review by the National Public Health Emergency Team. NPHET consideration has been informed by a number of evidence reviews and advice provided to NPHET by HIQA at NPHET’s request since February 2021, informed by research evidence developed by HIQA’s COVID-19 Evidence Synthesis Team and with expert input from HIQA’s COVID-19 Expert Advisory Group (EAG).The most recent review by HIQA in August 2021 recommended that the minimum age for mask wearing should remain unchanged, however ongoing monitoring was advised with respect to the epidemiological situation in children. In light of the sharp rise in the incidence in the 9 to 11 year old age-group over the past three weeks, this issue was considered again by the NPHET last week.

As part of its deliberations, the NPHET considered previous advice from HIQA, the detailed epidemiological situation in children, international guidance, international practice, the evidence in relation to the use of face coverings in children, and the potential benefits and harms from any recommendations.

Covid-19 Pandemic

Questions (164)

Pearse Doherty

Question:

164. Deputy Pearse Doherty asked the Minister for Health if his attention has been drawn to the fact that that non-Irish citizens living in the State that were vaccinated in the North are excluded from applying for an EU Digital Covid Certificate when they do not hold an Irish passport; his plans to change this anomaly;; and if he will make a statement on the matter. [59141/21]

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Written answers

The EU Digital COVID Certificate is a document which is issued to help facilitate the safe and free international movement of people across the EU during the COVID-19 pandemic.  Ireland is currently accepting applications for vaccination certificates from Irish citizens vaccination in third countries in line with Article 8 of the EU Regulation. Currently, Irish passport holders, who have reliable proof a vaccination regime completed in Northern Ireland with a vaccine product authorised for use in Ireland, can apply for an EU Digital COVID Certificate online at covidcertificateportal.gov.ie.

On the 28 October 2021 the UK was awarded and equivalence decision meaning that COVID-19 vaccination, test and recovery certificates issued by the United Kingdom of Great Britain and Northern Ireland in accordance with the system entitled “UK COVID Certificates” shall, for the purpose of facilitating the right of free movement within the Union, be considered as equivalent to those issued in accordance with EU Digital COVID Certificate Regulation. 

Hospital Services

Questions (165)

Pearse Doherty

Question:

165. Deputy Pearse Doherty asked the Minister for Health if he received a submission for a specialist centre for intestinal failure; if he plans to deliver a specialist centre at St James’s Hospital;; and if he will make a statement on the matter. [59142/21]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Alcohol Advertising

Questions (166)

Jennifer Whitmore

Question:

166. Deputy Jennifer Whitmore asked the Minister for Health when section 12, 13,18 and 19 of the Public Health Alcohol Act 2018 will be enacted which includes labelling of alcohol products, content of advertisements, advertisements in publications and the broadcast watershed;; and if he will make a statement on the matter. [59151/21]

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Written answers

The Public Health (Alcohol) Act was enacted in October 2018 and to date 26 of its 31 provisions have been commenced. The full implementation of the Act remains a priority for this Government. 

Sections 12 and 13 of the Act relate to labelling of alcohol products and to the content of advertisements for alcohol products respectively. These sections cannot be commenced until regulations under those sections have been made.

Draft regulations under Section 12 of the Act have been developed and are currently with the Office of the Attorney General for settling. Draft regulations under Section 13 are currently being developed by my Department. Following finalisation of the draft regulations they must both be submitted to the European Commission for assessment as to whether they are in alignment with Single Market principles.

The commencement of Section 18 which addresses alcohol advertisements in publications is subject to the commencement of all other advertising sections of the Act.

Section 19 of the Act provides for a broadcast watershed for alcohol advertisements on television and radio. It has not yet been commenced as it requires further engagement on compliance and enforcement issues with the Environmental Health Service of the HSE and the Broadcast Authority of Ireland. 

Work on commencement of these remaining sections of the Public Health (Alcohol) Act was suspended throughout 2020 and much of 2021 due to resources being diverted to COVID-19 related areas; that work has now restarted. 

Vaccination Programme

Questions (167)

Jennifer Whitmore

Question:

167. Deputy Jennifer Whitmore asked the Minister for Health the strategy he is undertaking to ensure that migrant communities messaging in relation to Covid-19 vaccination is done in a culturally sensitive manner; the way that he is encouraging communities to take up the vaccine; when he plans to do same; the specific funding that is being applied to ensure this is the case; and if he will make a statement on the matter. [59152/21]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible.

Hospital Staff

Questions (168)

Jennifer Whitmore

Question:

168. Deputy Jennifer Whitmore asked the Minister for Health the available neurology services in St. Vincent’s Hospital, Dublin; the current number of neurology nurses in the hospital; the current list of vacancies in this service; the status of recruitment for vacancies; and if additional neurology nurses will be recruited to reach the international guidelines’ recommendation of 22 neurology nurse specialists. [59153/21]

View answer

Written answers

As this is a service matter it has been referred to the HSE for response

Covid-19 Tests

Questions (169)

Sorca Clarke

Question:

169. Deputy Sorca Clarke asked the Minister for Health the additional supports that will be put in place to ensure quick and local access to PCR testing given the level of additional needs of the service users of a facility (details supplied); and if he will make a statement on the matter. [59156/21]

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Written answers

Testing and contact-tracing continues to be a key component of the Government’s response to the pandemic.

The HSE operates testing centres for COVID-19 at locations all round the country. A person who requires a test can book online through the HSE or by contacting a GP. If there are no test appointments available online at that time for their local area, they should check again later as appointments become available throughout the day. If anybody who has symptoms has concerns about booking a test, they should contact their GP. With the current high demand, the HSE is prioritising those who are clinically referred and symptomatic close contacts.

Further information on getting a HSE COVID-19 PCR test is available as follows: www2.hse.ie/conditions/covid19/testing/get-tested/

Covid-19 Tests

Questions (170, 173, 174)

Peadar Tóibín

Question:

170. Deputy Peadar Tóibín asked the Minister for Health if the unavailability of PCR testing is attributable to supply shortages. [59157/21]

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Peadar Tóibín

Question:

173. Deputy Peadar Tóibín asked the Minister for Health the estimated level of staffing, funding and resources that would need to be mobilised to allow for PCR testing centres to operate on a 24-hour basis; and if he will make a statement on the matter. [59160/21]

View answer

Peadar Tóibín

Question:

174. Deputy Peadar Tóibín asked the Minister for Health the maximum testing capacity for PCR testing and antigen testing of the health service; and if there are plans to expand this capacity. [59161/21]

View answer

Written answers

I propose to take Questions Nos. 170, 173 and 174 together.

Testing and contact-tracing continues to be a key component of the Government’s response to the pandemic.

Demand for testing at this time is very high, with over 214,000 tests conducted in the last seven days. This demand on the testing and tracing system is due to the high level of infection in communities that we are currently experiencing.

The HSE is making every effort necessary to address the very significant demand arising for PCR testing. This includes making arrangements with private providers to add additional capacity, extending opening hours of swabbing centres, ongoing recruitment and redeployment to swabbing teams and doubling the number of National Ambulance Service mobile teams. The HSE is also exploring options for engagement with further private testing services. There are currently no plans to operate PCR testing on a 24-hour basis and therefore no estimates have been calculated as to potential costs.

These measures have increased the base community PCR capacity from 15,000 to 25,000 tests per day. Including acute hospital capacity, the HSE is now able to deliver 29,500 tests a day.

People using the self-referral online portal to book a test may find, at times, that no appointments are available. Appointments do become available at various times during the day so people should try again later. If anybody who has symptoms has concerns about booking a test, they should contact their GP. With this very high demand, the HSE is prioritising those who are clinically referred and symptomatic close contacts.

It is important to reiterate the public health advice that anybody who has symptoms of Covid-19 waiting for a test, should continue to self-isolate until they are at least 48 hours’ symptom free. This should minimize any impact where a person may have to wait a number of days for a test.

The role of testing and contact tracing, as part of the wider public health response, has been under ongoing review throughout the pandemic and will continue to be reviewed and amended in line with the epidemiological profile of the disease, its impact on healthcare utilisation and outcomes, the vaccination status of the population and ECDC guidance.

Vaccination Programme

Questions (171)

Peadar Tóibín

Question:

171. Deputy Peadar Tóibín asked the Minister for Health if a timeline for Covid-19 booster jabs for each age group has been approved; and if so, the timeline for booster jabs. [59158/21]

View answer

Written answers

The immunisation programme in Ireland is based on the advice of the National Immunisation Advisory Committee (NIAC). The NIAC makes recommendations on vaccination policy to my Department based on the prevalence of the relevant disease in Ireland and international best practices in relation to immunisation.

On 25 November the NIAC recommended that a booster of an mRNA vaccine be offered to persons aged 16-49 years. The Chief Medical Officer (CMO) has endorsed the latest NIAC recommendations. Booster vaccines should be offered to those in previously recommended groups before progression to the younger age cohorts.

On 15 November the NIAC recommended that a booster of an mRNA vaccine be offered to persons aged 16-59 years with underlying conditions, all residents in Long Term Healthcare Facilities and persons aged 50-59 years. The CMO has endorsed these NIAC recommendations and written to the HSE requesting the recommendations be operationalised as soon as possible.

The NIAC has previously recommended that an mRNA booster be offered to those aged 60 years and older and healthcare workers. I have accepted this advice and the HSE has made the necessary arrangements to operationalise these recommendations with the booster rollout now underway.

The booster dose should be given after an interval of five months following the last dose of any authorised Covid-19 vaccine. Those who received Covid-19 vaccine Janssen as their primary vaccination should receive an mRNA booster after an interval of three months. The NIAC will continue to examine emerging evidence regarding booster vaccines.

As the timeline for booster vaccines is a service matter, I have asked the Health Service Executive to respond to the deputy directly, as soon as possible

Medical Cards

Questions (172)

Peadar Tóibín

Question:

172. Deputy Peadar Tóibín asked the Minister for Health the criteria for cancer patients to qualify for a medical card; and if there are plans to amend the criteria to expand eligibility for cancer patients. [59159/21]

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Written answers

Under the Health Act 1970, eligibility for a medical card is based primarily on means. The Act obliges the HSE to assess whether a person is unable, without due hardship, to arrange general practitioner services for himself or herself and his or her family, having regard to his or her overall financial position and reasonable expenditure.

The issue of granting medical cards based on having a particular disease or illness was previously examined in 2014 by the HSE Expert Panel on Medical Need and Medical Card Eligibility. The Group concluded that it was not feasible, desirable, nor ethically justifiable to list medical conditions in priority order for medical card eligibility. In following the Expert Group’s advice, a person’s means remains the main qualifier for a medical card.

However, every effort is made by the HSE, within the framework of the legislation, to support applicants in applying for a medical card and, in particular, to take full account of the difficult circumstances in the case of applicants who may be in excess of the income guidelines. The HSE may exercise discretion and grant a medical card, even though an applicant exceeds the income threshold where they face difficult financial circumstances, such as extra costs arising from an illness. Social and medical issues are also considered when determining whether undue hardship exists for an individual accessing general practitioner or other medical services.  

Furthermore, the HSE also has a system in place for the efficient provision of medical cards in response to emergency situations i.e. in circumstances where persons are in need of urgent ongoing medical care or are receiving end of life care.  In these cases, a medical card is issued within 24 hours of receipt of the required patient details and completed medical report by a healthcare professional.  Additionally, patients with a terminal illness and who have been certified by their treating Consultant as having  a prognosis of 24 months or less to live are also now eligible for a medical card without a means assessment.  

Finally, it should be noted that since 2015 medical cards are awarded without the need of a financial assessment to all children under 18 years of age with a diagnosis of cancer, for a period of five years.

Question No. 173 answered with Question No. 170.
Question No. 174 answered with Question No. 170.

Medical Cards

Questions (175, 193, 194)

Peadar Tóibín

Question:

175. Deputy Peadar Tóibín asked the Minister for Health if his attention has been drawn to instances in which dentists are blanket refusing to see medical card patients; and the efforts his Department is undertaking to solve this problem. [59162/21]

View answer

Ruairí Ó Murchú

Question:

193. Deputy Ruairí Ó Murchú asked the Minister for Health the expected timeframe the substantive review of the dental treatment services scheme will take place; the immediate issues of concern; the measures taken to address same; and if he will make a statement on the matter. [59313/21]

View answer

Ruairí Ó Murchú

Question:

194. Deputy Ruairí Ó Murchú asked the Minister for Health the engagements he has had with an association (detail supplied) regarding the dental treatment services scheme; the content of these discussions, detailing any future planned engagements; and if he will make a statement on the matter. [59314/21]

View answer

Written answers

I propose to take Questions Nos. 175, 193 and 194 together.

A new National Oral Health Policy, Smile agus Sláinte, was launched in April 2019. That Policy set out the roadmap for the future provision of oral healthcare to the eligible population. It has two key goals; first, to provide the supports to enable every individual to achieve their best oral health, and second, to reduce oral health inequalities across the population, by enabling vulnerable groups to access oral healthcare and improve their oral health.

The Dental Treatment Services Scheme (DTSS), which dates from the 1990s is available to medical card holders aged 16 and over. The dental care is provided by independent dental practitioners who have a contract with the HSE. There is a need to align the DTSS with best international evidence and practice, and legislation, as outlined in Smile agus Sláinte. Regretfully, the COVID-19 pandemic caused the roll-out of the Policy to be delayed and the proposed review of the DTSS contract to be deferred.

Nevertheless, there has been continued engagement between my officials, the HSE and the dental community throughout the pandemic on infection control measures, guidelines for safe dental practice, and ensuring that dental professionals were included in the high-risk group for early vaccination. This sustained engagement was with a view to ensuring that a safe satisfactory service could be continued for the eligible population.

It is regrettable that a significant number of dentists chose to leave the Scheme that provides care for medical card patients during the pandemic, which  has led to difficulties for medical card patients in accessing dental care in some parts of the country . In such circumstances, I have been assured that the HSE Public Dental Service is seeking to provide emergency cover for any medical card patients who are experiencing such problems.

I have acknowledged that there is a need for a substantive review of the DTSS and have given a commitment that the review would be undertaken. I have also acknowledged the need to address immediate issues of concern with current arrangements under the Scheme.

I instructed my officials to hold talks with the Irish Dental Association (IDA) to address both issues. I am aware that preliminary talks were held in June this year and that it is proposed to hold further talks in the coming weeks.

Covid-19 Pandemic

Questions (176)

Peadar Tóibín

Question:

176. Deputy Peadar Tóibín asked the Minister for Health the number of times that pre-legislative scrutiny has been waived in relation to Covid-19 related legislation; the legislation for which this waiver was requested; and the reason for each requested waiver for pre-legislative scrutiny [59172/21]

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Written answers

Since the beginning of the Covid-19 pandemic, this Department has brought five Covid-19 related Acts through the houses of the Oireachtas having received a waiver from pre-legislative scrutiny. These five Acts are as follows:

Health (Amendment) (No. 2) Act 2021

Health and Criminal Justice (Covid 19) (Amendment) Act 2021

Health (Amendment) Act 2021

Health (Amendment) Act 2020

Health (Preservation and Protection and other Emergency Measures in Public interest) Act 2020

Pre-Legislative Scrutiny waivers were requested on the above Acts because of the high degree of urgency attached to placing these legislative bills before the Houses of the Oireachtas for debate and consideration at the time.   These Acts were required in order to allow the Government to have available a range of statutory public health measures to manage the challenges associated with the continuing Covid-19 pandemic.

The Deputy may wish to note that another Covid-19 related Bill - the Health and Criminal Justice (Covid 19) (Amendment) (No. 2) Bill 2021 - will shortly be making its way through the Houses.  The purpose of this Bill is to extend the period of application of a number of public health related Acts to 31 March 2022 and provide that they may be further extended for up to three months by a resolution passed by each House of the Oireachtas.  A waiver of pre-legislative scrutiny was requested and was granted in relation to this Bill. The reason for requesting the waiver was similar to the reasons set out above in that there is a significant urgency attaching to the Bills enactment.  Without this Bill, key pieces of public health related legislation would expire in the near future and given the difficult winter period into which we are facing, combined with the prevalence of the Delta variant and the recent discovery of the Omicron variant, it is clear that the Government needs to maintain the range of statutory public health measures available to them, to be able to respond urgently, if necessary, to this ever evolving situation.

Health Services

Questions (177)

John Brady

Question:

177. Deputy John Brady asked the Minister for Health if the Health Research Board LINK system National drug Treatment Recording System is used by regional drugs and alcohol task forces to make decisions on funding; if this is a policy that is being driven by the HSE; and if he will make a statement on the matter. [59181/21]

View answer

Written answers

The National Drug Treatment Reporting System (NDTRS) captures information about drug and alcohol treatment in Ireland. Publicly funded drug and alcohol services are required to return information to the NDTRS for people who use their services. The most recent NDTRS bulletins on treatment data for 2020 were published by the Health Research Board in July 2021.

The NDTRS can be used as a tool to monitor and report on treatment services and to identify emerging needs; it can also be used to inform resource allocation at a regional level by CHOs and task forces. 

It is a matter for CHOs and task forces to identify and determine population needs for the provision of drug and alcohol services. NDTRS data can play a useful role in informing this process.  

I am committed to developing evidence-based policies and services, supported by high-quality monitoring, evaluation and research.

Health Services

Questions (178)

John Brady

Question:

178. Deputy John Brady asked the Minister for Health if there are plans to merge the east coast regional drug and alcohol task force with another task force or to abolish it (details supplied); and if he will make a statement on the matter. [59182/21]

View answer

Written answers

There are no plans under consideration by the Department of Health to merge the East Coast Regional Drug and Alcohol Task Force (ECRDATF) with another task force. The Deputy may wish to engage with the task force concerned to ascertain the basis for this suggestion.

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