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Tuesday, 28 Mar 2023

Written Answers Nos. 224-239

Road Network

Questions (224)

Fergus O'Dowd

Question:

224. Deputy Fergus O'Dowd asked the Minister for Transport if he will address concerns raised by a person (details attached) in respect of the N2 development plans; and if he will make a statement on the matter. [15265/23]

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Written answers

As Minister for Transport I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals.

I can confirm that €600,000 has been allocated for the N2 Ardee to Castleblayney scheme in 2023. As with all national roads projects in the NDP, the delivery programme for the project will be kept under review for 2024 and considered in terms of the overall funding envelope available to TII.

Noting the above position, I have referred your question, on this occasion, to TII for a direct reply as to the latest status of this scheme. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Taxi Licences

Questions (225)

Seán Canney

Question:

225. Deputy Seán Canney asked the Minister for Transport when a decision will be made on a local area hackney licence application (details supplied); and if he will make a statement on the matter. [15282/23]

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Written answers

The regulation of the small public service vehicle (SPSV) industry, including the Local Area Hackney Scheme, is a matter for the independent transport regulator, the National Transport Authority (NTA), under the provisions of the Taxi Regulation Acts 2013 and 2016. I am not involved in the day-to-day operations of the SPSV industry.

Accordingly, I have referred your questions to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Bus Éireann

Questions (226)

Marian Harkin

Question:

226. Deputy Marian Harkin asked the Minister for Transport the reason users of mobility scooters are being refused entry to Bus Éireann buses in counties Sligo and Mayo (details supplied); if this is the case on all Bus Éireann routes; if so, if this matter will be rectified; and if he will make a statement on the matter. [15427/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding for public transport.

The National Transport Authority (NTA) has statutory responsibility for developing an accessible, integrated and sustainable public transport network. The NTA works with the public transport companies, for example Bus Éireann, who have responsibility for the operation of services, including decisions regarding the carriage of mobility scooters on their services.

In light of Bus Éireann's responsibilities regarding the use of mobility scooters on its public transport services, including in counties Mayo and Sligo, I have forwarded your question to the company for direct reply to you. Please advise my private office if you do not receive a response within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

An Garda Síochána

Questions (227)

Catherine Murphy

Question:

227. Deputy Catherine Murphy asked the Minister for Transport further to Parliamentary Question No. 281 of 21 March 2023, if he will confirm that information is also provided to An Garda Síochána by his Department by electronic transfer; if a driving licence or learner permit has been surrendered as a result of a court-ordered disqualification; if he will report on the improvements that have been made to the system that shares details of disqualifications with An Garda Síochána; and if he will make a statement on the matter. [15464/23]

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Written answers

When a person is disqualified from driving, either by a court order or from the accumulation of penalty points, they are required to surrender their driving licence to the National Driver Licence Service (NDLS). On receipt of a surrendered licence, the NDLS records the date of surrender on the Department of Transport's National Vehicle and Driver File (NVDF). The information on the NVDF is available to the Garda Síochána under appropriate data sharing procedures.

A driver who is disqualified may not drive for that period, whether or not they have surrendered their licence. Using the Garda mobility application, Gardaí can detect if a driver is driving while disqualified and this is not dependent on the licence having been surrendered.

Bus Éireann

Questions (228)

Alan Kelly

Question:

228. Deputy Alan Kelly asked the Minister for Transport the number of bus drivers recruited by Bus Éireann in 2022 and to date in 2023, in tabular form. [15484/23]

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Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport; however, I am not involved in the day-to-day operations of public transport.

The issue raised by the deputy in relation to the number of bus drivers recruited by Bus Éireann in 2022 and to date in 2023, in tabular form, is an operational matter for Bus Éireann.I have therefore referred the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a reply within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Insurance Industry

Questions (229)

Paul Kehoe

Question:

229. Deputy Paul Kehoe asked the Minister for Finance if he is aware that no insurance company in Ireland is offering insurance for mobility scooters (details supplied); and if he will make a statement on the matter. [15263/23]

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Written answers

Government is aware that a small number of sectors are currently facing difficulty in terms of affordability and availability of insurance. We have therefore prioritised the implementation of the Action Plan for Insurance Reform, which aims to improve the cost and availability of insurance for households, businesses and individuals. The third Action Plan Implementation Report, published in November, demonstrates that considerable progress has been achieved, with the vast bulk of the 66 actions contained therein now delivered or ongoing.

My officials have engaged with the sector and with the insurance industry to ascertain the scope of the issue. It is a feature of the Irish insurance market that some smaller areas, including mobility vehicles, were traditionally dependent on specialist UK providers passporting into Ireland. As a consequence of the UK’s decision to leave the EU, this practice has now ended and it has become more expensive and difficult for niche underwriters from the UK to provide their products here. This has been exacerbated by the small size of some of these sectors, meaning that just one or two large or catastrophic claims can negatively impact insurance capacity for an extended period of time. Officials will continue to monitor the issue closely and report on any developments in the area. In addition, Minister of State Carroll MacNeill, in her ongoing engagement with the sector, will continue to emphasise the need for insurance providers to both reduce premiums and increase their risk appetite to provide cover in new areas.

Separately, it may interest you to know that Insurance Ireland, the representative body for insurance providers in this country, operates an Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance, which can be accessed at feedback@insuranceireland.eu. Likewise, Brokers Ireland provide assistance to customers who are experiencing insurance accessibility issues; it can be contacted on insurancequeries@brokersireland.ie.

In conclusion, I wish to reassure you that it is the my intention to continue to work with my Government colleagues to ensure that the implementation of the Action Plan will continue to have a positive impact on the affordability and availability of insurance for all groups across Ireland.

Rental Sector

Questions (230)

Emer Higgins

Question:

230. Deputy Emer Higgins asked the Minister for Finance if he has considered increasing the rent-a-room tax-free threshold to encourage more homeowners to take up the scheme and to increase available rental supply; and if he will make a statement on the matter. [15357/23]

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Written answers

The Rent a Room scheme was introduced in Finance Act 2001 as an incentive to encourage individuals to let rooms in their principal private residence as residential accommodation in order to bring about an increase in the availability of rental accommodation. In accordance with section 216A of the Taxes Consolidation Act 1997, an individual who lets a room or rooms in her or his sole or main residence as residential accommodation may be exempt from income tax, PRSI and USC in respect of income from the letting where the aggregate of the gross rents and any sums for meals or other services supplied with the letting does not exceed the threshold for the year in question, which is €14,000 for 2023. Although the relief applies automatically, the amount of exempt rental income must be included in the individual’s tax return for the year in question.

The upper income threshold has increased several times since its introduction (most recently in Finance Act 2016) to €14,000. The figure of €14,000 would allow an individual to receive income of up to €1,166.66 per month over a 12 month period under the scheme, without it giving rise to a tax liability.

The number of taxpayer units which availed of the Rent a Room relief in respect of the 2004 year of assessment, the earliest year which data are available, was 2,300. Since then, the uptake in the numbers availing of the scheme has increased substantially.

The following table sets out data on the number of taxpayer units availing of the scheme, together with the Exchequer cost of the relief for the years 2016 - 2019 (the latest year for which data are available).

Year

Exchequer Cost €m

Number of taxpayer units

2019

22.2

9,810

2018

19.7

9,240

2017

12.0

8,160

2016

9.3

7,350

My Department is not aware of evidence which suggests that the current scheme is insufficient.

As the Deputy will appreciate, decisions regarding tax incentives and reliefs are normally made in the context of the annual Budget and Finance Bill process. Such decisions must have regard to the sound management of the public finances and my Department's Tax Expenditure Guidelines. The guidelines make clear that any policy proposal which involves tax expenditures should only occur in limited circumstances where there are demonstrable market failures, where a tax-based incentive is more efficient than a direct expenditure intervention.

Insurance Industry

Questions (231)

Emer Higgins

Question:

231. Deputy Emer Higgins asked the Minister for Finance if his attention has been drawn to the prohibitive effect that rising insurance premiums are having on person's looking to open indoor play facilities; if this is a matter that the Cabinet Committee Sub-Group on Insurance Reform is considering; and if he will make a statement on the matter. [14652/23]

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Written answers

At the outset, I wish to reassure the Deputy that I recognise the concerns felt by some small businesses around the cost and availability of insurance cover. This is particularly pertinent in some business sectors, including indoor play facilities for children. Accordingly, Government has prioritised insurance reform through the Action Plan for Insurance Reform. The third Action Plan Implementation Report, published in November, demonstrates that considerable progress has been achieved, with the vast bulk of the 66 actions contained therein now delivered or ongoing.

In terms of next steps in the insurance reform agenda, rebalancing the Duty of Care legislation (the Occupiers’ Liability Act 1995 ) is now a priority and is being led by the Minister of Justice. Overhauling this legislation should help to address the issue of ‘slips, trips and falls’, which is particularly prevalent in heavy-footfall areas. This in turn could potentially unlock further liability insurance capacity for businesses such as indoor play facilities.

Data from the National Claims Information Database managed by the Central Bank illustrates that the public liability insurance market has been loss making for a number of years, and consequently insurers are reluctant to enter into this area. At the same time, this more specialised market segment is closely linked to global insurance trends, and is therefore slower to reflect the changes being delivered through the Government reform agenda than more commoditised products such as motor insurance. Nevertheless, there are clear signs that the market is beginning to respond to the success of the Action Plan for Insurance Reform , with insurers moving into previously difficult-to-insure niche areas such as childcare, inflatables, non-standard housing and the equestrian sector. Officials from the Department of Finance continue to engage with stakeholders in the industry to identify and encourage new capacity to enter the market.

Finally, I would like to take this opportunity to assure the Deputy that it is Government's intention to ensure that implementation of the Action Plan can have a positive impact on the affordability and availability of insurance across all sectors in the economy including in indoor play facilities.

State Bodies

Questions (232)

Fergus O'Dowd

Question:

232. Deputy Fergus O'Dowd asked the Minister for Finance if he will respond to a proposal (details supplied) in respect of issues in relation to the long delays to case determinations by the Financial Services and Pensions Ombudsman; if further resources are being ringfenced for the Ombudsman to clear the current backlogs; and if he will make a statement on the matter. [14670/23]

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Written answers

The FSPO is the statutory body established to resolve complaints from consumers, including non-personal customers, businesses and other organisations, about the conduct of regulated financial service providers and pension providers. The functions of the Ombudsman are set out in Section 12 of the Financial Services and Pensions Ombudsman Act 2017 (‘the Act’).

The Ombudsman has wide-ranging powers to deal with complaints against financial providers, pursuant to section 60 of the Act. The Ombudsman can direct a provider to rectify the conduct that is the subject of the complaint. There is no limit to the value of the rectification that can be directed. The Ombudsman can also direct a provider to pay compensation to a complainant of up to €500,000. The FSPO does not have powers to impose sanctions or penalties on providers. The Ombudsman recently published his 2022 Overview of Complaints, which highlighted that the combined outcomes worth over €5million were delivered for complainants whose complaints were resolved, during 2022.

When a complaint is received by the FSPO, it is reviewed and assessed before it is either referred to the Dispute Resolution Service for mediation or, where the complaint cannot progress any further, it is closed. Of the total number of complaints closed during 2022 (4,647), more than 80% of closures occurred within 12 months of receipt, either during the FSPO’s Registration and Assessment of the complaint, or through mediation, by the FSPO’s Dispute Resolution service.

When a complaint is not resolved through mediation, it may be transferred for a formal jurisdictional assessment, if an issue of eligibility has arisen, or for formal investigation and adjudication of the complaint, leading to a legally binding decision. Approximately 18% of complaints closed in 2022 had been referred for a formal jurisdictional review or for formal investigation and adjudication.

The formal investigation and adjudication process is a detailed, fair and impartial process carried out in accordance with fair procedures. The FSPO’s established procedures, for the formal investigation of complaints, ensure that both the complainant and the provider receive a copy of all information submitted by both parties and held on file, and they are given every reasonable opportunity to offer comments and observations on the contents of such evidence. When the parties have concluded their submission of evidence and observations, all of those details are taken into account in the adjudication of the complaint, which leads to a legally binding decision.

Such formal investigations take considerably longer to complete, than an agreed resolution, where the parties themselves are facilitated to design an agreed resolution to the complaint. Excluding tracker mortgage complaints, the average time from referral for a formal investigation to conclusion of investigation was 22 months, for complaints that closed in 2022. This is in addition to time spent in the earlier complaints processes.

For tracker mortgage complaints, the formal process has taken longer. For tracker mortgage complaints closed by way of legally binding decision in 2022, the average timeline was three and a half years from referral for formal investigation to the conclusion of the investigation. This is in addition to time spent in the earlier complaints processes. This timeline reflects the significant period of time when such tracker mortgage complaints were placed on hold by the FSPO, pending the outcome of the Central Bank of Ireland directed Tracker Mortgage Examination (TME).

The Ombudsman was of the view that the best way of ensuring that the FSPO had all of the necessary information to deal with such complaints, was to await the outcome of the TME and confirmation of the impact, if any, on the individual mortgage loan account, before progressing the formal investigation.

The FSPO has a strong focus on reviewing its processes, systems and resourcing, to identify improvements that can be made to timelines and to continue to deliver fairness and efficiency for all its customers.

Resourcing and workforce planning of the FSPO is the responsibility of the Ombudsman, in accordance with Section 15 of the Act and is kept under constant review to ensure there are appropriate resourcing levels in place to fulfil its statutory functions.

Revenue Commissioners

Questions (233)

Colm Burke

Question:

233. Deputy Colm Burke asked the Minister for Finance the funding provided to the Revenue Commissioners in each year from 2020 to 2023 that is used to combat tobacco smuggling; if the Revenue Commissioners are developing a dedicated anti-smuggling strategy; if the Covid-19 pandemic has had any impact on the Revenue Commissioners combatting smuggling; and if he will make a statement on the matter. [14686/23]

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Written answers

Revenue is a fully integrated tax and customs administration and, as a result, I am advised that it is not possible to disaggregate the resources deployed, or funding dedicated, at any given time to combat tobacco smuggling. Revenue currently has approximately 2,000 staff engaged on activities that are focused on targeting and confronting non-compliance. These front-line activities include anti-smuggling and anti-evasion, investigation and prosecution, audit, assurance checks, anti-avoidance, returns compliance and debt collection. Resources allocated to these different aspects of enforcement and compliance work are adjusted and realigned in response to changes in the level of risk in different sectors.

As Revenue takes an integrated approach to combatting all forms of illegal trade and shadow economy activity, including combatting the illicit tobacco trade, Revenue has advised me that, in its experience, those involved in the illicit tobacco trade do not necessarily confine themselves to a particular commodity type. As a result, Revenue implements an integrated approach to all forms of illegal trade as distinct from a product or commodity specific focus.

Revenue’s Statement of Strategy 2021-2023 includes a commitment to confronting non-compliance, including tobacco smuggling. This commitment is given operational priority each year through Revenue’s business planning and delivery framework having regard to risk and national and international trends and developments within illegal trades and the modus operandi of those involved. Revenue’s actions under these operational plans are designed to maximise coordination and efficiency Revenue-wide and deliver the best impact for the effort involved.

I am advised by Revenue that it implements a range of measures to identify and target the smuggling, supply or sale of illicit tobacco products, with a view to disrupting the supply chain, seizing the products and, where possible, prosecuting those involved. Revenue develops and shares intelligence on a national, EU and international basis, and deploys analytics and detection technologies and ensures effective risk focused deployment of resources.

The smuggling of tobacco products has a transnational and cross border dimension and, in addition to Revenue’s ongoing cooperation with An Garda Síochána in this area, I am advised that Revenue also works closely with its counterparts in other jurisdictions including colleagues in Northern Ireland through the Cross Border Joint Agency Task Force (JATF), and international bodies including OLAF (the EU’s anti-fraud agency), Europol and the World Customs Organisation.

I am advised that Revenue’s activities aimed at combatting tobacco smuggling continued throughout the COVID-19 pandemic and resulted in the seizure of over 48 million illicit cigarettes and approximately 7,100 kgs of illicit tobacco in 2020, over 60 million illicit cigarettes and approximately 38,250 kgs of illicit tobacco in 2021, and over 51 million cigarettes and approximately 11,800 kgs of illicit tobacco in 2022. To the end of February 2023, over 9 million illicit cigarettes and approximately 7,200 kgs of illicit tobacco have been seized.

Finally, the Government has ensured through the Finance Acts over recent years that Revenue has the necessary statutory powers to enable it to deliver on its key functions. I am satisfied that the current legislative framework provides an effective basis for undertaking and continuing the important work against the illegal tobacco trade. I know that Revenue will continue to be very active in this aspect of its overall compliance work.

Tax Code

Questions (234)

Colm Burke

Question:

234. Deputy Colm Burke asked the Minister for Finance the estimated revenue that would be raised annually if an excise tax of €0.06 per ml of electronic cigarette liquid was applied; and if he will make a statement on the matter. [14691/23]

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Written answers

I am informed by Revenue that it does not have any data on which to base a costing for the proposal outlined as there is currently no obligation on traders to report the volumes of this product sold on any tax or duty return.

Financial Services

Questions (235)

Robert Troy

Question:

235. Deputy Robert Troy asked the Minister for Finance if he will urgently investigate the circumstances in which a financial institution (details supplied) is continuing to sell mortgages on to third-party mortgage brokers, particularly in cases where a mortgage has never been in arrears and is fully serviced. [14707/23]

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Written answers

As the Deputy will be aware, as Minister for Finance I cannot prevent loan sales that are made by banks to meet regulatory obligations, even by the banks in which the State has a shareholding. These decisions are the responsibility of the board and management of the banks which must be run on an independent and commercial basis. The banks’ independence is protected by Relationship Frameworks which are legally binding documents which I, as Minister, cannot change unilaterally. These frameworks, which are publicly available, were insisted upon by the European Commission to protect competition in the Irish market.

The PTSB Relationship Framework can be found at the following link:

www.finance.gov.ie/wp-content/uploads/2017/07/PTSB-Relationship-Framework-April-2015.pdf.

I wish to highlight that that the protections for borrowers in place before the sale remain unchanged. When dealing with borrowers, retail credit firms are bound by the same regulations that currently apply to PTSB. Like PTSB, they are required to comply with the Consumer Protection Code (CPC) and the Code of Conduct for Mortgage Arrears (CCMA) when dealing with borrowers who are in arrears. In this regard, it is important to note that there are no changes to the rights of a borrower whose loan is sold by a bank. All terms and conditions attached to their mortgage contract remain in place. In addition, the purchaser of the PTSB loan book, is a retail credit firm regulated by the Central Bank of Ireland.

The Central Bank has advised that it does not comment on the commercial decisions of banks. However it has indicated that its focus is on ensuring continued progress by the banks on sustainable distressed debt resolution, through the multiple tools available.

This includes restructuring activity undertaken by the banks via the proactive engagement (by banks) with distressed borrowers on the implementation of suitable alternative repayment arrangements. The Central Bank notes that it expects that this is the primary method by which banks resolve distressed debt, however, the Central Bank also notes that this is one of a number of distressed debt resolution tools including accounting write downs, mortgage to rent, engaging through the Insolvency Service, sales and securitisations and the legal process.

Public Procurement Contracts

Questions (236)

Peadar Tóibín

Question:

236. Deputy Peadar Tóibín asked the Minister for Finance if he will provide details of all procurement competitions, if any, in which companies (details supplied) won contracts from his Department since 2016. [14723/23]

View answer

Written answers

I can advise the Deputy that my Department does not have any record of contracts awarded by the Department to the companies mentioned in the details supplied since 2016.

The Deputy will be aware that the ‘National Public Procurement Policy Framework’, issued by the Office of Government Procurement (OGP) in November 2019, sets out the procurement procedures to be followed by government departments and state bodies in accordance with EU rules and national guidelines. My Department endeavors to operate its procurement practices in line with these procedures when seeking to purchase works, goods, or services from suppliers.

Official Travel

Questions (237)

Peadar Tóibín

Question:

237. Deputy Peadar Tóibín asked the Minister for Finance the total costs of accommodation and travel expenses associated with his recent foreign trip, or foreign trips by Ministers for State at his Department, for St Patrick’s Day; and if a breakdown can be provided on travel costs, accommodation costs, country/state visited, number of departmental staff accompanying him, and the duration of the trip, in tabular form. [14741/23]

View answer

Written answers

Information is contained in the following table:

Total Accommodation and Economy Travel Expenses

€20,173.15

Breakdown

Minister for Finance

Travel costs total

€11,000.77

Accommodation costs total

€3,294.25

Countries/States visited

Canada (Toronto) & USA (Chicago)

Total travelling

5

Duration of trip

5 days

Minister of State

Travel costs total

€1,922.00

Accommodation costs total

€3,956.13

Countries/States visited

UK (Edinburgh, Cardiff & Liverpool)

Total travelling

3

Duration of trip

7 days

The above travel was economy class and the return leg for the Minister for Finance includes a flight on Sunday 12th March for Eurogroup and ECOFIN meetings on 13th and 14th March.

Tax Yield

Questions (238)

Louise O'Reilly

Question:

238. Deputy Louise O'Reilly asked the Minister for Finance the revenue raised by the sugar sweetened drinks tax each year since its introduction, and to date in 2023, broken down by the yield in each band; and if he will make a statement on the matter. [14769/23]

View answer

Written answers

I am advised by Revenue that the receipts raised from the Sugar Sweetened Drinks Tax (SSDT), since its introduction in 2018 and up to 28th February 2023, are broken down by applicable SSDT band in the following table. Please note that the receipts for 2022 and 2023 are provisional.

SSDT Band 1

SSDT Band 2

Year

€16.26 per Hectolitre

€24.39 per Hectolitre

Total SSDT

5g-8g per 100ml

8g or more per 100ml

€m

€m

€m

2018

1.8

14.5

16.3

2019

3.4

29.6

33.0

2020

3.5

27.8

31.3

2021

1.9

28.5

30.4

2022*

0.6

31.4

32.0

1 Jan to 28 Feb 2023*

0.1

5.9

6.1

*Provisional results.

Tax Data

Questions (239)

Bernard Durkan

Question:

239. Deputy Bernard J. Durkan asked the Minister for Finance when a tax refund is likely to issue in the case of a person (details supplied) who applied in recent months but is yet to receive a reply; and if he will make a statement on the matter. [14789/23]

View answer

Written answers

I am advised by Revenue that the person’s 2022 Income Tax Return, including a claim for Non-resident Aggregation Relief, was processed on the 22 March 2023. A Statement of Liability and the associated refund will issue to the person in the coming days.

While Revenue have contacted the person’s tax agent to confirm the position, should any further clarification be required Revenue can be contacted online via MyAccount or by calling the National PAYE Helpline on 01-738 3636.

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